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BRADLEY’S  MANUAL 


OF 


STATISTICAL  INFORMATION 


& 


PERTAINING  TO  THE 

INDIAN 
& Territory 


: BY : 


C.  M.  BRADLEY 


..RULES  AND  REGULATIONS  FOR  THE  SALE  OF  LANDS. 
' HISTORICAL  DATA  - 


...  AND  TREATIES  WITH  THE  FIVE  CIVILIZED  TRIBES... 


...  SraMrg’o  Manual  ... 

Slules  anil  ^Regulations  for  tlte  #ale  of  IGanii.  liistoriral  Sata 
anO  (Treaties  with  the  Jtane  GJimliseii  (Tribes. 

PRESS  OF  PHOENIX  PNINTING  CO.,  MUSKOGEE.  IND,  TER. 

^taliattral 

Information 


PERTAINING  TO  THE 


(E.  fH.  SraMry 


Hn  Invitation 


Are  you  lucking  for  an  investment? 

Do  you  want  to  put  the  little  hoard,  laid  by  for  a rainy  day  into  some- 
thing which  will  bring  good  returns,  increase  in  value  and  make  for  you  a 
home  in  your  old  age? 

Do  you  want  to  get  out  of  the  old  rut  and  begin  life  anew  in  a country 
yet  undeveloped  which  is  as  rich  in  natural  resources  as  any  spot  the  sun 
shines  on? 

Do  you  want  to  raise  your  children  in  a country  where  every  boy  ana 
every  girl  are  estimated  by  their  neighbors  at  their  true  value;  where  th«- 
ranks  in  social,  business  and  official  life  are  not  crowded  and  are  not  closed 
by  a would-be  eristocracy? 

Do  you  want  to  cast  your  lot  with  a cosmopolitan  people  who  are  ener- 
getic, enterprising,  sociable  and  progressive;  who  guage  every  man  by  his 
true  worth;  who  make  it  a maxim  to  care  absolutely  nothing  for  the  great- 
ness of  your  grandfather,  your  great  uncle  or  your  second  cousin,  but  whs 
insist  on  an  answer  to  the  question  “What  are  you?” 

Do  you  want  to  get  out  of  the  old  communities  where  the  desirable  places- 
are  filled,  where  positions  are  inherited  and  handed  down  from  father  to 
son? 

Do  you  want  to  live  in  the  land  of  peace  and  plenty,  where  the  sunlight 
kisses  into  being  the  fruit  of  the  tropics,  the  flowers  of  the  Orient  and  the 
products  of  the  far  North;  where  limpid  streams,  fed  by  eternal  springs  sing 
a never  ending  song  of  gladness  and  purity;  the  garden  spot  of  all  the  domaie 
over  which  the  reign  of  prosperity  ever  continues? 

Do  you  want  to  leave  the  crowded,  worn  out  fields  of  the  Bast  and 
“grow  up”  with  the  only  undeveloped  country  in  the  Union? 

Do  you  want  to  get  away  from  the  flood  lands,  away  from  the  desert, 
away  from  the  hot  winds,  away  from  the  blizzard,  away  from  those  climatic- 
changes  which  make  life  a burden,  away  from  those  congested  hide-bound 
conditions  and  traditions  which  rob  home-life  of  ambitions? 

If  you  do  you  will  come  to  the  land  of  the  Redmen — the  most  advanc- 
ed of  all  the  Indian  tribes — and  here  among  the  pioneers,  carve  out  a home 
for  yourself  ana  family,  and  start  even,  in  the  free  for  all  race  of  success,  or. 
the  only  track  where  favorites  are  unknown. 

Are  you  a wheat  raiser,  a cotton  planter,  a stock  man,  a horticulturalist 
a shepherd,  a truck  gardener,  a believer  in  the  power  of  a corn  crop,  an  ex- 
pert in  small  berries,  an  agriculturalist  in  any  line,  or  a man  who  looks  tr- 
the  product  of  the  soil  for  a living? 

If  you  are,  come  here  and  on  your  little  farm  grow  raspberries,  straw 
berries,  grapes,  melons,  onions,  beans,  peas,  radishes,  canteloups,  corn,  oats, 
rye,  alfalfa,  Kaffir  com,  broom  corn,  wheat,  potatoes,  yams,  apples,  peaches 
prunes,  pecans,  walnuts  and  nearly  all  of  the  fruits,  vegetables  and  cereals, 
that  can  grow  anywhere  in  the  United  States,  and  where  with  it  all  you  car 
grow  from  one-half  to  one  and  one-quarter  bales  of  cotton  to  the  acre. 

Are  you  a manufacturer  of  brick  or  tiling,  a stone  quarry  man.  a coal 
miner  or  an  oil  man,  are  you  interested  in  natural  gas,  are  you  an  analyzer 
of  mineral  waters,  of  lead  or  zinc? 

If  you  are,  there  is  a place  here  for  you  in  this  great  country,  where  in 


4 


BRADLEY’S  MANUAL  OF  STATISTICAL  INFORMATION. 


all  its  virgin  purity  thousands  of  acres  of  the  best  land  the  sun  ever  shone 
upon,  untouched  by  the  hand  of  man,  awaits  only  the  hoe,  the  plow,  the 
steam  drill,  the  energy,  the  work  and  the  genius  of  man  to  make  it  spring 
like  magic  into  a garden  of  plenty,  a nerve  center  of  commerce. 

It  is  possible  now  to  acquire  title  to  this  land — as  these  Indian  Citizens 
have,  with  far-seeing  wisdom,  long  ago  made  treaties  with  the  government 
which  placed  them  several  years  ahead  of  all  other  Nations. 

in  this  country  droughts  are  unknown;  the  hot  winds  never  destroy;  the 
storms  from  the  North  ever  kill;  the  floods  and  freshets  never  drown. 

The  climate  is  that  of  Southern  California,  the  soil  that  of  Iowa  and 
Illinois. 

Rules  and  legulations  by  which  Indian  citizens  may  sell  120  acres  each, 
of  their  allotments,  have  been  adopted,  and  the  land  is  now  ou  the  market. 
The  deeds  to  this  land  must  be  filed  with  the  U.  S.  Indian  Agent  at  Musko- 
gee, and  by  him  the  proposed  sale  is  reported  on,  with  a recommendation 
to  the  department  at  Washington. 

There  has  never  before  been  an  opportunity  to  purchase  a farm  from  this 
area  of  twenty  million  acres  in  the  Indian  Territory.  This  chance  has  come 
and  the  territory  with  the  most  productive  land  of  all  the  nations,  were  the 
first  to  offer  a foot  hold  to  the  farmer  of  the  North,  the  Bast,  the  West 
and  the  South.  If  you  desire  a home  here,  now  is  the  time  to  acquire  it. 
The  rush  will  soon  be  on. 

Within  five  years,  a hundred  thousand  miners,  with  diamond  pointed 
drills  will  be  drawing  checks  on  the  Almighty’s  bank.  Ten  thousand  spind- 
les will  be  humming  a tune  of  prosperity  in  the  cotton  mills.  The  whistles 
of  the  gins,  grist  mills  and  factories  of  all  descriptions,  will  mingle  with  the 
clang  of  church  bells,  and  the  song  of  the  eoncented  husbandman  will  find 
an  echo  in  the  lullaby  of  the  happy  housewife. 

Come  to  the  Indian  country  if  you  want  to  meet  with  greater  success 
than  is  now  yours. 

Come  to  the  Indian  country  if  you  want  to  live  in  the  garden  spot  of  the 
world.” 


Ibistorical 

When  in  March,  1893,  Congress  passed  a bill  creating  a Commission  to 
the  Five  Civilized  Tribes,  to-wit,  the  Choctaws,  Chickasaws,  Cherokees, 
Creeks  and  Seminoles,  and  directing  that  Commission  to  proceed  to  the 
Indian  Territory  and  begin  negotiation  to  extinguish  the  Indian’s  tribal  rela- 
tion and  governmental  identity,  it  is  very  doubtful  if  even  the  author  of  the 
bill  had  any  conception  of  the  magnitude  of  the  task  imposed.  The  originaal 
Commission,  consisting  of  Sen.  H.  L.  Dawes,  Hon.  A.  S.  McKennon  and  Capt. 
Kidd,  soon  after  their  appointment  organized  with  the  venerable  Senator  as 
chairman  and  in  the  summer  of  that  year  they  proceeded  to  the  Territory  and 
began  work. 

Their  comiEg  was  an  event  of  great  interest  to  the  people  of  the  Ter 
ritory,  and  when  a series  of  alleged  interviews,  statements  and  speeches  at- 
tributed to  the  Commission  began  to  appear  in  the  local  papers,  advocating 
all  manner  of  radical  changes  regardless  of  the  rights  or  interests  of  those 
affected  by  the  change,  practically  all  of  the  inhabitants  of  the  Territory 
were  arrayed  against  them  and  were  ready  by  almost  any  means  to  prevent 
the  accomplishment  of  the  purpose  for  which  the  Commission  was  created 


BRADLEY’S  MANUAL  OF  STATISTICAL  INFORMATION. 


5 


These  alleged  interviews  and  statements  were  diligently  circulated,  and  not 
only  did  the  Indians,  thinking  Governmental  obliteration  awaited  them,  chill 
the  members  with  their  reception,  but  the  white  or  non-citizen  element, 
fearing  for  their  lease  rights,  obstructed  in  every  way  possible  the  progress  of 
the  Commission. 

To  such  an  extent  was  this  done  that  in  the  Chickasaw  Nation  where 
most  of  the  white  settlers  lived  at  that  time  an  organization  known  as  the 
United  States  Citizens  Protective  League  was  formed  with  a membership  of 
more  than  5,000  persons,  and  with  93  local  leagues  or  lodges,  all  operating 
under  one  geneial  Executive  Committee.  This  organization  having  for  its 
purpose  the  perpetuation  of  the  lease  system  on  the  one  side,  and  the  Indian 
element  fighting  for  national  existence  on  the  other,  presented  at  the  close 
of  the  first  year’s  work,  obstacles  which  even  to  this  time  have  not  been 
entirely  overcome.  TIhat  the  successors  to  the  original  Commissioners  have 
had  to  meet  anl  contend  with  this  same  sentiment  was  strongly  evidenced 
in  the  Cherokee  Nation  in  May,  1901,  when  that  Nation  by  popular  vote  re- 
jected a treaty  made  by  their  representatives  and  the  Commission  arid  rati- 
fied by  Congress  The  personnel  of  the  Commission  since  its  creation  has 
undergone  several  changes.  In  March,  1895,  the  membership  was  increased 
to  five,  with  Messrs.  Dawes,  McKennon,  Armstrong,  Montgomery  and  Cabi- 
ness  constituang  its  membership.  Later  the  number  was  reduced  to  four 
and  at  the  present  time  the  Commissioners  are  Hon.  Tams  Bixby,  Col.  T.  B. 
Needles,  Hon.  C.  R.  Breckenridge  and  ex-Governcr  Stanley,  with  Mr.  Allison 
L.  Aylesworth.  secretary. 

It  was  four  years  after  the  Commission  was  created  before  any  tangible 
results  were  effected,  then  after  repeated  efforts  a conference  was  held  at 
Atoka  in  the  Choctaw  Nation,  between  representatives  of  the  Choctaw  and 
Chickasaw  Nations,  and  the  Commission  on  April  23rd,  1897,  made  a treaty 
with  these  nations.  The  treaty  was  signed  by  F.  C.  Armstrong,  acting  chair- 
man, Archibald  S.  McKennon,  T.  B.  Cabiness,  A.  B.  Montgomery,  Commis- 
sioners of  the  United  States,  with  H.  M.  Jackson,  secretary. 

For  the  Choctaw  Nation: 

Green  McCurtain,  Principal  Chief;  J.  S.  Stanley,  W.  B.  Ainsworth,  Ben 
Hampton,  Wesley  Anderson,  Amon  Henry,  D.  C.  G-arland.  For  the  Chicka- 
saw Nation:  R.  M.  Harris,  Governor;  I.  O.  Lewis,  Holmes  Colbert,  R.  L. 

Murray,  Wm.  Perry  and  R.  L.  Boyd.  This  treatey  was  duly  ratified  and  is 
now  in  force. 

On  October  7th,  1899,  a treaty  was  made  with  the  Seminoles,  the  same 
being  signed  byr  Henry  L.  Dawes,  Tams  Bixby,  A.  S.  McKennon  and  T.  B. 
Needles,  Commissioners  for  the  United  States,  and  John  F.  Brown  and  K.  N 
Kinkehee,  Commissioners  for  the  Seminole  Nation. 

On  March  Sth,  1900,  the  Creek  treaty  was  signed  by  the  Government 
representatives  above  named  and  Pleasant  Porter,  Principal  Chief,  G.  A. 
Alexander,  D.  M.  Hodge,  Isparhecher,  A.  P.  McKellop  and  Gub  McIntosh,  for 
the  Creek  Nation,  this  last  treaty  being  ratified  on  July  26th,  1902.  The 
Cherokees  also  entered  into  a treaty. 

By  these  treaties  an  estate  consisting  of  19,574,416  acres  of  land  valued 
at  from  25c  to  $50  per  acre  must  be  administered  on,  and  to  do  this,  the 
Commission  had  to  first  determine  by  judicial  investigation  the  rights  of 
almost  85,000  persons  to  citizenship. 

The  first  step  in  the  division  of  this  estate  was  to  determine  its  value 
and  to  do  this  a careful  estimate  or  appraisement  of  all  the  lands  was  nec- 


6 


BRADLEY'S  MANUAL  OF  STATISTICAL  INFORMATION. 


essary.  This  work  was  accomplished  by  putting  in  the  field  a force  of  230 
appraisers  divided  into  parties  or  camps  of  ten  men  each.  These  parties 
were  equipped  with  wagons,  tents,  horses,  pack  animals  and  all  necessary 
surveying  instruments  and  camp  equipage  and  after  more  than  twelve 
months  service  in  the  field  a complete  and  comprehensive  record  of  the  lands, 
of  the  entire  Territory  is  now  being  filed  in  the  headquarters  office  at  Mus- 
kogee. 

By  act  of  congress,  townsite  property,  cemeteries,  railroad  rights  of  way, 
church  and  school  sites,  have  been  reserved  from  allotment,  and  the  definite- 
location  of  t^iese  lands  and  acreage  thus  occupied  has  been  determined  and 
properly  designated  on  the  official  land  hook  now  being  compiled.  In  the 
Chickasaw  and  Choctaw  Nations  more  than  seventy  towns  wiih  an  area  of 
from  40  to  2,5'  >0  acres  each,  together  with  the  cemetery  reservations  have 
been  located  and  more  than  2,000  miles  of  rights  of  way  have  been  mapped 
and  segregated  from  the  allotment. 

The  areas  in  the  boundary  line  townships  and  along  the  meandered 
streams  have  been  determined  by  the  U.  S.  Geological  Survey  plats  and 
these  areas  and  lot  numbers  are  transferred  to  the  office  records.  In  thf 
Southeastern  portion  of  the  Choctaw  Nation,  in  what  is  known  as  the 
timber  belt  it  was  found  impractical  to  operate  with  the  regulation  camp 
outfit,  and  the  six  camps  in  this  section  were  equipped  with  pack  trains, 
three  Mexican  burros,  and  by  establishing  open  camps  good  progress  has. 
been  made.  Expert  timber  estimators  were  put  in  this  part  of  the  Territory 
and  a careful  estimate  of  the  timber  and  its  value  is  included  in  the  weekly- 
reports  of  the  venous  camps.  From  the  total  acreage  of  the  Territory  thus- 
determined  the  reserve  land  not  subject,  to  allotment  has  been  taken,  the 
amount  of  each  class  computed  and  a value  per  acre  placed  on  each  class. 
This  value  in  dollars  will  he  divided  into  as  many  parts  as  there  are  citi- 
zens of  the  Five  tribes,  and  when  the  amount  due  each  citizen  is  determined, 
a patent  for  the  same  will  be  issued  in  conformance  with  the  treaty  stipu- 
lations. 

The  work  of  determining  who  are  citizens  of  the  various  tribes  has  been 
exceedingly  complicated  by  the  absence,,  of  any  official  record  and  this  has 
necessitated  a judicial  inquiry  into  the  geneology  of  practically  all  of  the  ap 
plicants.  These  inquiries  are  conducted  in  the  same  manner  as  suits  of  law, 
the  nations  being  represented  by  counsel,  the  applicants  appearing  with  his, 
witnesses  and  attorneys.  A complete  stenographic  transcript  of  all  proceed- 
ings thus  held  is  kept,  and  on  this  record  a judgment  is  found  by  the  Com- 
mission. It  has  often  happened  that  the  claimant  or  the  Nation,  dissatisfied 
with  the  decision  rendered  has  appealed  to  the  U.  S.  courts  of  the  Terri- 
tory, and  where  the  applicant  has  been  denied  citizenship  by  the  Commis- 
sion and  on  appeal  the  Courts  have  sustained  his  application,  he  becomes 
what  is  termed  a “Court  Citizen”  and  as  such  is  recorded  on  the  rolls.  Much 
of  the  testimony  in  these  citizenship  cases  is  giyen  by  full-bloods  through, 
interpreters,  and  the  hearings  are  thus  rendered  long  and  telious  and  the 
records  voluminous.  To  expedite  the  work  of  completing  the  citizenship 
rolls,  what  is  known  as  enrolling  parties  have  visited  all  sections  of  ’he  Ter- 
ritory, these  parties  being  in  charge  of  one  or  more  members  of  the  Com- 
mission. Months  have  been  spent  in  the  remotest  sections  by  these  parties, 
who,  living  in  tents  and  with  tents  for  offices  have  been  able  to  go  into  the 
full  hlood  settlements  and  get  the  necessary  information  from  Indians  who 
would  not  appeal  before  the  Commission  elsewhere. 


BRADLEY’S  MANUAL  OF  STATISTICAL  INFORMATION. 


7 


The  Commission  has  passed  on  the  applicants  for  citizenship  in  the  re- 
spective tribes  and  rendered  judgment  in  the  case  of  each  person: 

Choctaws  .. . . 18(530 

Choctaw  Freedmen  4169 

Chickasaws  6425  ' 

Chickasaw  Freedmen  5620 

Mississippi  Choctaws  2588 

C;  eeks  8500 

Creek  Freedmen  5000 

Seminoles  2826 


Total 53758 

Cherokees  estimated  30000 

Delawares  1000 

Among  these  citizens  the  land  will  be  divided  as  follows: 

In  the  Seminole  Nation  the  total  acreage  is 36585  l 

In  the  Creek  Nation  the  total  acreage  is 3072812 

In  the  Cherokees  and  Delawares  the  total  acreage  is 4958293 

In  the  Chickasaw  Nation  the  total  acreage  is 4703108 

In  the  Choctav/  Nation  the  total  acreage  is 6974351 

The  citizenship  rolls  have  been  completed  in  the  various  Nations,  classi- 
fication has  been  finished  and  a record  made  of  the  same  and  from  the  land 
offices  established,  final  allotments  are  now  being  made.  All  of  the  worn 
done  to  date  has  been  expeditiously  carried  on  and  the  largest  estate  per- 
naps  in  the  history  of  the  world  is  being  administered  on  in  such  a manner 
that  the  thousands  of  beneficiaries,  whether  intermarried,  shrewd  business 
men  or  ignorant  full  blood  Indian  will  each  get  an  equal  share.  For  the  work 
here  there  has  been  no  precedent,  after  it,  there  will  be  no  duplicate. 

To  determine  the  value  of  19574416  acres  of  land  of  all  the  grades  known 
to  the  American  people,  to  determine  the  number  and  names  of  more  than 
80,000  heirs  to  this  land,  to  make  a complete  official  record  on  which  not 
only  the  abstract  of  title  for  this  vast  domain  shall  start  but  also  of  the  right- 
ful participants,  and  in  doing  this  to  put  in  motion  the  machinery  requiring 
more  than  four  hundred  surveyors,  appraisers,  expert  timber  estimators, 
draughtmen,  stenographers  and  clerks,  to  establish  and  maintain  a legal 
bureau  and  court,  all  without  a precedent  to  follow,  is  a task  only  realized  by 
those  keeping  in  close  touch  with  the  work,  and  this  is  the  task  imposed  on 
the  Commissioners.  The  Commission  as  now  composed  consists  of 
Hon.  Tams  Bixby,  Chairman,  Col.  T.  B.  Needles,  Hon.  C.  F.  Breckenridge, 
and  ex-Governor  Stanley  of  Kansas,  with  Mr.  Allison  L.  Aylesworth  as  secre- 
tary, and  to  these  gentlemen  will  fall  the  task  of  completing  the  work. 


Supplemental  Creek  Create 

•Mow  in  jforce. 

The  supplemental  treaty  of  the  Creek  Nation  is  as  follows:  “An  aci 

to  Ratify  and  Confirm  a Supplemental  Agreement  With  the  Creek  Tribe  of 
todians,  and  for  Other  Purposes.” 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  the  following  supplemental 


8 


BRADLEY’S  MANUAL  OF  STATISTICAL  INFORMATION. 


agreement,  submitted  by  certain  commissioners  of  the  Creek  tribe  of  Indians, 
as  herein  amended  is  hereby  ratified  and  confirmed  on  the  part  of  the  United 
States  and  the  same  shall  be  of  fr’I  force  and  effect  if  ratified  by  the  Creek, 
tribal  council  on  or  before  the  first  day  of  September,  nineteen  hundred  and 
two,  which  said  supplemental  agreement  is  as  follows: 

This  agreement  by  and  between  the  United  States,  entered  into  in  its 
behalf  by  the  Commission  to  the  Five  Civilized  Tribes,  Henry  L.  Dawes,  Tams 
Bixby,  Thomas  B Needles  and  Clifton  R.  Breckenridge,  duly  appointed  and; 
authorized  thereunto,  and  the  Muskogee  (or  Creek)  tribe  of  Indians,  in  In- 
dian Territory,  entered  into  in  behalf  of  the  said  tribe  by  Pleasant  Porter, 
principal  chief,  Roley  McIntosh,  Thos.  W.  Perryman,  Amos  McIntosh,  and' 
David  M.  Hodge,  commissioners  duly  appointed  and  authorized  thereunto, 
witnesseth,  that  in  consideration  of  the  mutual  undertakings  herein  con- 
tained it  is  agreed  as  follows: 

DEFINITIONS. 

The  words  ‘ Creek”  and  “Muskogee”  as  used  in  this  agreement  shall  he. 
deemed  synonymous,  and  the  words  “Nation”  and  “tribe”  shall  each  be  deem- 
ed to  refer  to  the  Muskogee  Nation  or  Muskogee  tribe  of  Indians  in  Indian 
Territory.  The  words  “principal  chief”  shall  be  deemed  to  refer  to  the  prin- 
cipal Chief  of  the  Muskogee  Nation.  The  words  “citizen”  or  “citizens”  shall 
be  deemed  to  refer  to  a member  or  members  of  the  Muskogee  tribe  or  na- 
tion of  Indians.  The  word  “Commissioner”  shall  be  deemed  to  refer  to  the 
United  States  Commission  to  the  Five  Civilized  Tribes. 

ALLOTMENT  OF  LANDS. 

5 2.  Section  2 of  the  agreement  ratified  by  act  of  Congress  approved. 

March,  1901,  (31  Stat.  L.  861),  is  amended  and  as  so  amended  is  re-enacted 
to  read  as  follows: 

All  lands  belonging  to  the  Creek  tribe  of  Indians  in  Indian  Territory, 
except  townsites  and  lands  reserved  for  Creek  schools  and  churches,  railroads; 
and  town  cemeteries  in  accordance  with  the  provisions  of  the  act  of  Con- 
gress, approved  March  1st,  1901,  (31  Stat.  L.  861),  shall  be  appraised  at  not. 
to  exceed  $6.50  per  acre,  excluding  only  lawful  improvements  on  lands  in  act- 
ual cultivation. 

Such  appraisement  shall  be  made,  under  the  direction  and  supervision 
of  the  Commission  to  the  Five  Civilized  Tribes,  by  such  number  of  Commit- 
tees with  necessary  assistance  as  may  be  deemed  necessary  to  expedite 
the  work,  one  member  of  each  committee  to  be  appointed  by  the  principal 
chief.  Said  Commission  shall  have  authority  to  revise  and  adjust  the  work 
of  said  committees;  and  if  the  members  of  any  committee  fail  to  agree  as  to 
the  value  of  any  tract  of  land,  the  value  thereof  shall  be  fixed  by  said  Com- 
mission. The  appraisement  so  made  shall  be  submitted  to  the  Secretary  of 
the  Interior  for  approval. 

3.  Paragraph  2 of  section  3 of  the  agreement  ratified  by  said  act  of  Con- 
gress approved  March  1,  1901,  is  amended  and  as  so  amended  is  re-enacted 
to  read  as  follows: 

If  any  citizen  select  lands  the  appraised  value  of  which  is  $6.50  per 
acre,  he  shall  not  receive  any  further  distribution  of  property  or  funds  of  the- 
tribe  until  all  other  citizens  have  received  lands  and  moneys  equal  in  value 
to  his  allotment. 


BRADLEY’S  MANUAL  OF  STATISTICAL  INFORMATION. 


9 


4.  Exclusive  jurisdiction  is  hereby  conferred  upon  the  Commission  to  the 
SFive  Civilized  Tribes  to  determine,  under  the  direction  of  the  Secretary  of 
the  Interior,  all  controversies  arising  between  citizens  as  to  their  right  to 
select  certain  tracts  of  land. 

5.  Where  it  is  shown  to  the  satisfaction  of  said  Commission  that  it  was 
the  intention  of  a citizen  to  select  lands  which  include  his  home  and  im- 
provements, but  through  error  and  mistake  he  had  selected  land  which  did 
not  include  said  home  and  improvements,  said  Commission  is  authorized  to 
cancel  said  selection  and  the  certificate  cf  selection  or  allotment  embracing 
said  lands,  and  permit  said  citizen  to  make  a new  selection  including  said 
home  and  improvements;  and  should  said  land  ir eluding  said  home  and  im- 
provements have  been  selected  by  any  other  citizen  of  said  nation  the  citizens 
owning  said  home  and  improvements  shall  be  germittd  to  file,  within  ninety 
days  from  the  ratification  of  this  agreement,  a contest  against  the  citizen 
having  previously  selected  the  same  and  shall  not  be  prejudiced  therein  by 
reason  of  lapse  of  time  or  any  provision  of  law  or  rules  and  regulations  to  the 
contrary. 

DESCENT  AND  DISTRIBUTION, 

6.  The  provisions  of  the  act  of  Congress  approved  March  1,  1901,  (31 

‘Stat.  L.  861),  in  so  far  as  they  provide  for  descent  and  distribution  accord- 
ing to  the  laws  of  the  Creek  nation,  are  hereby  repealed  and  the  descent  and 
distribution  of  land  and  money  provided  for  by  said  act  shall  be  in  accor- 
dance with  chapter  49  of  Mansfield’s  Digest  of  the  Statutes  of  Arkansas  now 
in  force  in  Indian  Territory:  Provided,  That  only  citizens  of  the  Creek 

Nation,  male  and  female,  and  their  Creek  descendants  shall  inherit  lands  of 
the  Creek  Nation':  And  Provided  Further:  That  if  there  be  no  person  ©f 

Creek  citizenship  to  take  the  descent  and  distribution  of  said  estate,  then 
the  inheritance  shall  go  to  non-citizen  heirs  in  the  order  named  in  said 
chapter  49. 

ROLLS  OF  CITIZENSHIP. 

7.  All  children  born  to  those  citizens  who  are  entitled  to  enrollment  as 

provided  by  the  Act  of  Congress  approved  March  1,  1901,  (31  Stat.  L.  861), 
subsequent  to  luly  1,  1900,  and  up  to  and  including  May  25th,  1901,  and  living 
upon  the  latter  date  shall  be  placed  on  the  rolls  made  by  said  Commission, 
and  if  any  such  child  has  died  since  May  25,  1901,  or  may  hereafter  die 

before  receiving  his  allotment  of  lands  and  distributive  share  of  the  funds  of 
the  tr>he,  the  lands  and  moneys  to  which  he  would  be  entitled  if  living  shall 
•descend  to  his  heirs  as  herein  provided  and  be  allotted  and  distributed  to  them 
accordingly. 

8.  All  children  who  have  not  heretofore  been  listed  for  enrollment  living 
May  25th,  1901,  born  to  citizens  whose  names  appear  upon  the  authenticated 
rolls  of  1890  or  upon  the  authenticated  rolls  of  1895  and  entitled  to  enroll- 
ment as  provided  by  the  act  of  Congress  approved  March  1,  1901,  (31  Stat, 
L.  861),  shall  be  placed  on  the  rolls  made  by  said  Commission.  And  if  any 
such  child  has  died  since  May  25th,  1901,  or  may  hereafter  die  before  re- 
ceiving his  allotment  of  lands  and  distributive  share  of  the  funds  of  the 
tribe,  the  lands  and  moneys  to  which  he  would  be  entitled  if  living  shall  de- 
scend to  his  heirs  as  herein  provided  and  be  allotted  and  distributed  to  them 
accordingly. 

9.  If  the  rolls  of  citizenship  provided  for  by  the  act  of  Congress  ap- 
proved March  1 , 1901,  (31  Stat.  L.  861),  shall  have  been  completed  by  said 


10 


BRADLEY’S  MANUAL  OF  STATISTICAL  INFORMATION. 


Commission  prior  to  the  ratification  of  this  agreement,  the  names  or  child- 
ren entitled  to  enrollment  under  the  provisions  of  sections  seven  and  eight 
hereof  shall  be  placed  upon  a supplemental  roll  of  citizens  of  the  Creek  Na- 
tion, and  said  supplemental  roll  when  approved  by  the  Secretary  of  the  Interior 
shall  in  an  respects  be  held  to  be  a part  of  the  final  rolls  of  citizenship  of  saiJ 
tribe:  Provided : That  the  Dawes  Commission  be,  and  is  hereby  autho  Ized,  to  add 
the  following  persons  to  the  Creek  roll:  Nar-wal-le-pe-se,  Mary  Washington, 

Walter  Washington  and  Willie  Washington,  who  are  Creek  Indians  but  whose 
names  were  left  off  roll  through  neglect  on  their  part. 

ROADS. 

10.  Public  highways  or  roads  3 rods  in  width,  being  one  and  one-ha'd 
rods  on  each  side  of  the  section  line,  may  be  established  along  all  section 
lines  without  any  compensation  being  paid  therefor;  and  all  allottees,  pur- 
chasers, and  others  shall  take  the  title  to  such  lands  subject  to  this  provision 
And  public  highways  or  roads  may  be  established  elsewhere  whenever  nec- 
essary for  the  public  good,  the  actual  value  of  the  land  taken  elsewhere  than 
along  section  lines  to  be  determined  under  the  direction  of  the  Secretary  of 
the  Interior  while  the  tribal  government  continues,  and  to  be  paid  by  the 
Creek  Nation  during  that  time;  and  if  buildings  or  other  improvements  are 
damaged  in  consequence  of  the  establishment  of  such  public  highways  or 
roads,  whether  along  section  lines  or  elsewhere,  such  damages,  during  the 
continuance  of  the  tribal  government,  shall  be  determined  and  paid  in  the 
same  manner. 

11.  In  all  instances  of  the  establishment  of  town  sites  in  accordance 

with  the  provisions  of  the  act  of  Congress  approved  on  May  31,  1000,  (31 
Stat.  L 231),  or  those  of  section  10  of  the  agreement  ratified  by  act  of  Con- 
gress approved  March  1,  1901,  (31  Stat.  L.  861),  authorizing  the  Secretary 
of  the  Interior  upon  the  recommendation  of  the  Commission  to  the  Five 
Civilized  Tribes,  at  any  time  before  allotment,  to  set  aside  and  reserve  from 
allotment  any  lands  in  the  Creek  Nation  not  exceeding  160  acres  in  any  one 
tract  at  such  stations  as  are  or  shall  be  established  in  conformity  with  law  os 
the  line  of  any  railroad  which  shall  be  constructed  or  be  in  process  of  con- 
struction, in  or  through  said  nation  prior  to  the  allotment  of  lands  therein, 
any  citizen  who  shall  have  previously  selected  such  townsite,  or  any  portion 
thereof,  for  his  allotment,  or  who  shall  have  been  by  reason  of  improvements 
therein  entitled  to  select  the  same  for  his  allotment  shall  be  paid  by  the 
Creek  Nation  the  full  value  of  his  improvements  thereon  at  the  time  of  the  es- 
tablishment of  the  town  site,  under  rules  and  regulations  to  be  prescribed 
by  the  Secretary  of  the  Interior;  Provided,  however:  That  such  citizens 

may  purchase  any  of  said  lands  in  accordance  with  the  provisions  of  the 
Act  of  March  1.  3901,  (31  Stat.  L.  61);  And  Provided  Further:  That  the 

lands  which  may  hereafter  be  set  aside  and  reserved  for  town  sites,  upon 
recommendation  of  the  Dawes  Commission  as  herein  provided  shall  embrace 
such  acreage  as  may  be  necessary  for  the  present  needs  and  reasonaoie 
prospective  growth  of  such  town  sites  and  not  to  exceed  640  acres  for  eacn 
town  site,  and  ten  per  cent  of  the  net  proceeds  arising  from  the  sale  of  that 
portion  of  the  land  within  the  town  site  so  selected  by  him,  or  which  he  was 
so  entitled  to  select;  and  this  shall  be  in  addition  to  his  right  to  receive  from 
other  lands  di  allotment  of  160  acres. 

CEMETERIES. 

12.  A cemetery  other  than  a town  cemetery  included  with  in  the  bounda- 


/ 


BRADLEY’S  MANUAL  OF  STATISTICAL  INFORMATION.  11 

ries  of  an  allotment  shall  not  he  desecrated  by  tillage  or  otherwise,  but  no 
interment  shall  be  made  therein  except  with  the  consent  of  the  allottee, 
and  any  person  desecrating  by  tillage  or  otherwise  a grave  or  graves  in  a 
cemetery  included  within  the  boundaries  of  an  allotment  shall  be  guilty  of 
-a  misdemeanor,  and  upon  conviction  be  punished  as  provided  in  section  567 
of  .Mansfield’s  Digest  of  the  Statutes  of  Arkansas. 

13.  Whenever  the  town  site  surveyors  of  any  town  in  the  Creek  Nation 
shall  have  selected  and  located  a cemetery  as  provided  in  section  18  of  the 
Act  of  Congress  approved  March  1,  1801,  (31  Stat.  L.  861),  the  town  author- 
ities shall  not  h-j  authorized  to  dispose  of  lots  in  such  cemetery  until  payment 
shall  have  been  made  to  the  Creek  nation  for  land  used  for  said  cemeteries 
as  provided  ir-.  said  Act  of  Congress,  and  if  the  town  authorities  fail  or  refuse 
to  make  payment  as  aforesaid  within  one  year  of  the  approval  of  the  plat 
of  said  cemetery  by  the  Secretary  of  the  Interior,  the  land  so  reserved  shall 
revert  to  the  Creek  Nation  and  be  subject  to  allotment.  And  for  lands  here- 
tofore or  hereafter  designated  as  parks  upon  any  plat  or  any  town  site  the 
town  shall  make  payment  into  the  Treasury  of  the  United  States  to  the 
■credit  of  the  Creek  Nation  within  one  year  at  the  rate  of  $20  per  acre,  and  if 
such  payment  be  not  made  within  that  time  the  lands  so  designated  as  a 
park  shall  be  platted  into  lots  and  sold  as  other  town  lots. 

MISCELLANEOUS. 

14.  All  funds  of  the  Creek  Nation  not  needed  for  equalization  of  allot- 
ments, including  the  Creek  school  fund,  shall  be  paid  out  under  the  direc- 
tion of  the  Secretary  of  the  Interior  per  capita  to  the  citizens  of  the  Creek 
Nation  on  the  dissolution  of  the  Creek  tribal  government. 

15.  The  provisions  of  section  24  of  the  Act  of  Congress  approved  March 
1,  1901,  (31  Star..  L.  1 861),  for  the  reservation  of  land  for  the  six  established 
Creek  court  houses,  is  hereby  repealed. 

16.  Lands  alloted  to  citizens  shall  net  in  any  manner  whatever  or  at  any 
time  be  encumbered,  taken  or  sold  to  secure  or  satisfy  any  debt  or  obligation 
nor  be  alienated  by  the  allottee  or  his  heirs  before  the  expiration  of  five 
years  from  the  date  of  the  approval  of  this  supplemented  agreement,  except 
with  the  approval  of -the  Secretary  of  the  Interior.  Each  citizen  shall  select 
from  his  allotment  forty  acres  of  land,  or  a quarter  of  a quarter  section, 
as  a homestead,  which  shall  be  and  remain  non-taxable,  inalienable  and  fre*j 
from  any  incumbrance  whatever  for  twenty-one  years  from  the  date  of  the 
deed  (herefor,  and  a separate  deed  shall  be  issued  to  each  allottee  for  hi" 
homestead  , m which  this  condition  shall  appear. 

Selections  or  homesteads  for  minors,  prisoners,  convicts,  incompetents 
and  aged  and  infirm  persons,  who  cannot  select  for  themselves,  may  be  made 
in  the  manner  provided  for  the  selection  of  their  allotments,  and,  if  for  any 
reason,  such  selection  be  not  made  for  any  citizen  it  shall  be  the  duty  of 
said  Commission  to  make  selection  for  him.  The  homestead  of  each  citizen 
shall  remain,  after  the  death  of  the  allottee  for  the  use  and  support  of  chil- 
dren born  to  him  after  May  25,  1901,  but  if  he  have  no  such  issue  then  he 
may  dispose  of  his  homestead  by  will,  free  from  the  limitation  herein  impos- 
ed, and  if  this  he  not  done  the  land  embraced  in  his  homestead  shall  descend 
to  his  heirs,  tree  from  such  limitation,  according  to  the  laws  of  descent  here- 
in otherwise  prescribed.  Any  agreement  or  conveyance  of  any  kind  or  char- 
acter violative  of  any  of  the  provisions  of  this  paragraph  shall  he  absolutely 
void  and  not  susceptible  of  ratification  in  any  manner,  and  no  rule  of  estoppel 


12 


BRADLEY’S  MANUAL  OF  STATISTICAL  INFORMATION. 


shall  ever  prevent  the  assertion  of  its  invalidity. 

17.  Section  37  of  the  agreement  ratified  by  said  Act  of  March  1,  1901,  i 3 
amended  and  as  so  amended  is  re-enacted  to  read  as  follows: 

“Creek  citizens  may  rent  their  allotments,  for  strictly  non-mineral  pur- 
poses, for  a term  not  to  exceed  one  year  for  grazing  purposes  only,  and  for  a 
period  not  to  exceed  five  years  for  agricultural  purposes,  but  without  any 
stipulation  or  obligation  to  renew  the  same.  Such  leases  for  a period  longer 
than  one  year  for  grazing  purposes,  and  for  a period  longer  than  five  years 
for  agricultural  purposes  and  leases  for  mineral  purposes  may  also  be  made 
with  the  apporval  of  the  Secretary  of  the  Interior,  and  not  otherwise.  Any  agree- 
naent  or  lease  of  any  kind  or  character  violative  of  this  paragraph,  shall  be 
absolutely  void  and  not  susceptible  of  ratification  in  any  manner,  and  no  rule 
of  estoppel  shall  ever  prevent  the  assertion  of  its  invalidity.  Cattle  grazed 
upon  leased  allotments  shall  not  be  liable  to  any  tribal  tax,  but  when  cattle 
are  introduced  into  the  Creek  Nation  and  grazed  on  lands  not  selected  for 
allotment  by  citizens,  the  Secretary  of  the  Interior  shall  collect  from  the 
owners  thereof  a reasonable  grazing  tax  for  the  benefit  of  the  tribe,  and 
section  2117  of  the  Revised  Statutes  of  the  United  States  shall  not  hereafter 
apply  to  Creek  lands. 

18.  When  cattle  are  introduced  into  the  Creek  Nation  to  be  grazed  upo* 
either  lands  not  selected  for  allotments  or  upon  land  allotted  or  selected  for 
allotment,  the  owner  thereof  or  the  party  or  parties  introducing  the  same  shall 
first  obtain  a permit  from  the  United  Staes  Indian  Agent,  Union  Agency, 
authorizing  the  introduction  of  said  cattle.  The  application  for  said  permit 
shall  state  the  number  of  cattle  to  be  introduced,  together  with  a description 
®f  the  same,  and  shall  specify  the  land  upon  which  said  cattle  are  to  be  grazed, 
and  whether  or  not  said  lands  have  been  selected  for  allotment.  Cattle  so 
introduced  and  all  other  live  stock  owned  or  controlled  by  non-citizens  of  the 
nation  shall  be  kept  upon  inclosed  lands,  and  if  any  such  cattle  or  other  live 
stock  trespass  upon  lands  allotted  to  or  selected  for  allotment  by  any  citizen  of 
said  nation,  the  owner  thereof  shall,  for  the  first  trespass,  make  reparation  to 
the  party  injured  for  the  true  value  of  the  damages  he  may  have  sustained, 
and  for  every  trespass  thereafter  double  damages  to  be  recovered  with  costs, 
whether  the  lard  upon  which  trespass  is  made  is  enclosed  or  not. 

Any  person  who  shall  introduce  any  cattle  into  the  Creek  Nation  in  vio 
lation  of  the  provisions  of  this  section  shall  be  deemed  guilty  of  a misde- 
meanor and  punished  by  a fine  of  not  less  than  $100  and  shall  stand  com- 
mitted until  such  fine  and  costs  are  paid,  such  commitment  not  to  exceed  one 
day  for  every  $2  of  said  fine  and  costs;  and  every  day  said  cattle  are  permit- 
ted to  remain  m said  nation  without  a permit  for  their  introduction  having 
been  obtained  shall  constitute  a separate  offense. 

19.  Section  8 of  the  agreement  ratified  by  said  Act  of  March  1,  1901.  is 
amended  and  as  so  amended  is  re-enacted  to  read  as  follows: 

“The  Secretary  of  the  Interior  shall,  through  the  United  States  Indian 
Agent  in  said  Territory,  immediately  after  the  ritification  of  this  agreement, 
put  each  citizen  who  has  made  selection  of  his  allotment  in  unrestricted  posses' 
sion  of  his  land  and  remove  therefrom  all  persons  objectionable  to  h:m;  and 
when  any  citizen  shall  thereafter  make  selection  of  his  allotment  as  herein 
provided  and  receive  certificate  therefor,  he  shall  be  immediately  thereupon 
so  placed  in  possession  of  bis  land,  and  during  the  continuance  of  the  tribal 
government,  the  Secretary  of  the  Interior  through  such  Indian  Agent,  shall 
protect  the  allottee  in  his  right  to  possession  against  any  and  all  persons 


BRADLEY'S  MANUAL  OF  STATISTICAL  INFORMATION. 


IS 


claiming  under  any  lease  agreement  or  conveyance  not  obtained  in  conformi- 
ty to  law. 

20.  This  agreement  is  intended  to  modify  and  supplement  the  agreement, 
ratified  by  said  Act  of  Congress  approved  March  1,  1901,  and  shall  be  held  to 
repeal  any  provision  in  that  agreement  or  in  any  prior  agreement,  treaty,  or 
law  in  conflict  herewith. 

21.  This  agreement  shall  be  binding  upon  the  United  States  and  the 
Creek  Nation,  and  upon  all  persons  affected  thereby  when  it  shall  have  been 
ratified  by  Congress  and  the  Creek  National  Council,  and  the  fact  of  seek 
ratification  shall  have  been  proclaimed  as  hereinafter  provided. 

22.  The  principal  chief,  as  soon  as  practicable  after  the  ratification  of 
this  agreement  by  Congress,  shall  call  an  extra  session  of  the  Creek  National 
council,  and  submit  this  agreement  as  ratified  by  Congress,  to  such  council 
for  its  consideration,  and  if  the  agreement  be  ratified  by  the  National  coun- 
cil as  provided  n the  constitution  of  the  tribe,  the  principal  chief  shall  transmit 
to  the  President  of  the  United  States  a certified  copy  of  the  act  of  the  coun- 
cil ratifying  the  agreement,  and  thereupon  the  President  shall  issue  his  pro- 
clamation making  public  announcement  of  such  ratification  thenceforward 
all  the  provision  of  this  agreement  shall  have  the  force  and  effect  of  law. 

Approved,  Jime  30th,  1902. 

The  law  of  Descent  and  Distribution  referred  to  in  above  treaty  is  as 
follows : 

Section  2522.  When  any  person  shall  die,  having  title  to  any  real  estate 
®f  inheritance,  or  personal  estate  not  disposed  of,  nor  otherwise  limited  by 
marriage  settlement,  and  shall  be  intestate  as  to  such  estate,  it  shall  descend 
and  be  distributed  in  parcenary  to  his  kindred  male  and  female,  subject  t.c 
the  payment  of  his  debts  and  the  widow's  dower,  in  the  following  manner: 

First:  To  children,  or  their  descendants  in  equal  parts. 

Second:  If  there  be  no  children,  then  to  the  father,  then  to  the  mother; 

if  no  mother,  then  to  the  brothers  and  sisters  or  their  descendants,  in  equal 
parts. 

Third:  If  there  be  no  children,  nor  their  descendants,  father,  mother, 

brothers  or  sisters,  nor  their  descendants,  then  to  the  grandfather,  grand- 
mother, uncles  and  aunts,  and  their  descendants,  in  equal  parts,  and  so  on  in 
other  cases,  without  end,  passing  to  the  nearest  lineal  ancestor,  and  their 
children  and  their  descendants,  in  equal  parts. 

Section  2523.  Posthumous  Children  of  the  intestate  shall  inherit  in  like 
manner  as  if  born  in  the  life  time  of  the  intestate,  but  no  right  of  inheritance 
shall  accrue  to  any  person  other  than  the  children  of  the  intestate,  unless 
they  be  born  at  the  time  of  the  intestate’s  death. 

Sec.  2524.  Illegitimate  children  shall  be  capable  of  inheriting  and  trans- 
mitting an  inheritance,  on  the  part  of  their  mother,  in  like  manner  as  if  they 
had  been  lesdtimate  of  their  mother. 

Sec.  2525.  If  a man  have  by  a woman  a child  or  children,  and  afterward 
shall  intermarry  with  her,  and  shall  recognize  such  children  to  be  his,  they 
shall  be  deemed  and  considered  as  legitimate. 

Sec.  2526.  The  issue  of  all  marriages  deemed  null  in  law,  or  dissolved 
by  divorce,  shall  be  deemed  and  considered  as  legitimate. 

Sec.  2527.  In  making  title  by  descent  it  shall  be  no  bar  to  a demandant 
that  any  ancestor  through  whom  he  derives  his  descent  from  the  intestate  is. 
or  has  been  an  alien. 

Sec.  2528.  If  there  be  no  children  or  their  descendants,  father,  mother- 


14  BRADLEY’S  MANUAL  OF  STATISTICAL  INFORMATION. 

nor  their  descendants,  or  any  paternal  or  maternal  kindred  capable  of  inher- 
iting, the  whole  shall  go  to  the  wife  or  husband  of  the  intestate.  If  there  be 
no  such  wife  or  husband, then  the  estate  shall  go  to  the  state. 

Sec.  2529.  if  any  of  the  children  of  an  intestate  be  living,  and  some  be 
dead,  the  inheritance  shall  descend  to  the  children  who  are  living,  and  to  the 
descendants  of  such  children  as  shall  have  died,  so  that  each  child  who  shall 
be  living  shall  inherit  such  share  as  would  have  descended  to  him  if  all  the 
children  of  the  intestate  who  shall  have  died  leaving  issue  had  been  living; 
so  that  the  descendants  of  each  child  who  shall  be  dead  shall  inherit  the  same 
their  parents  would  have  received  if  living.  , 

Sec.  2530.  The  rule  of  descent  prescribed  in  the  last  preceding  section 
shall  apply  in  every  case  where  the  descendants  of  the  intestate,  entitled  to 
share  in  the  inheritance,  shall  be  in  equal  degree  of  consanguinity  to  the 
intestate,  so  that  those  who  are  in  the  nearest  degre  of  consanguinity  shall 
take  the  shares  which  would  have  descended  to  them  had  all  the  descendants 
an  the  same  degree  who  shall  have  died  leaving  issue  been  living  so  that  tbe 
issue  of  the  descendants  who  shall  have  died  shall  respectively  take  - the 
shares  which  their  parents,  if  living,  would  have  received. 

Sec.  2531.  In  cases  where  the  intestate  shall  die  without  descendants, 
if  the  estate  come  by  the  father,  then  it  shall  ascend  to  the  father  and  his 
heirs;  if  by  the  mother,  the  estate  or  so  much  thereof  as  came  by  the  mother, 
shall  ascend  to  the  mother  and  her  heirs;  but  if  the  estate  be  a new  acquisi- 
tion it  shall  ascend  to  the  father  for  his  life  time  and  then  descend  in  re- 
mainder to  the  collateral  kindred  of  the  intestate  in  the  manner  provided  in 
this  act;  and,  in  default  of  a father,  then  to  the  mother  for  her  life  time; 
then  to  descend  to  the  collateral  heirs  as  before  provided. 

Sec.  2532.  The  estate  of  an  intestate  in  default  of  a father  and  mother, 
shall  go  first  to  the  brothers  and  sisters  and  their  descendants,  of  the  father; 
next,  to  the  brothers  and  sisters,  and  their  descendants,  of  the  mother.  This 
provision  applies  only  where  there  are  no  kindred,  either  lineal  or  collateral, 
who  stand  in  a nearer  relation. 

Sec.  2533.  Relations  of  the  half-blood  shall  inherit  equally  with  those 
af  the  whole  blood  in  the  same  degree;  and  the  descendants  of  such  relatives 
shall  inherit  in  the  same  manner  as  the  descendants  of  the  whole  blood, 
unless  the  inheritance  come  to  the  intestate  by  descent,  devise  or  gift,  of 
some  one  of  his  ancestors,  in  which  case  all  those  who  are  not  of  the  blood 
®f  such  ancestors  shall  be  excluded  from  such  inheritance. 

Sec.  2534.  In  all  cases  not  provided  for  by  this  Act,  the  inheritance  shall 
descend  according  to  the  course  of  the  common  law. 

See.  2535.  Whenever  an  inheritance  or  a share  of  an  inheritance  shall 
descend  to  several  persons,  under  the  provisions  of  this  act,  they  shall  in- 
herit as  tenants  in  common,  in  proportion  to  their  resceetive  shares  or  rights. 

ADVANCEMENT. 

Sec.  2536.  If  any  child  of  an  intestate  shall  have  been  advanced  by  him, 
in  his  life  time,  by  settlement  or  portion  of  real  or  personal  estate,  or  both  of 
them,  the  value  thereof  shall  be  reckoned  for  the  purpose  of  this  section,  only 
as  part  of  the  real  and  personal  estate  of  such  intestate  descendible  to  his 
heirs,  and  to  he  distributed  to  his  next  of  kin,  according  to  law;  and  if  such 
advancement  be  equal  or  superior  to  the  amount  of  the  share  which  such 
child  would  be  entitled  to  receive  of  the  real  and  personal  estate  of  the  de- 
ceased, as  herein  reckoned,  then  such  child  and  his  descendants  shall  be  ex- 


BRADLEY’S  MANUAL  OF  STATISTICAL  INFORMATION. 


15 


eluded  from  any  share  of  the  real  and  personal  estate  of  the  intestate. 

Sec.  2537.  In  cases  where  such  advancement  is  not  equal  to  the  shao»e 
that  such  child  or  relative  and  his  descendants  shall  be  entitled  to  receive, 
they  shall  be  entitled  to  receive  so  much  of  the  real  and  personal  estate  as 
shall  be  sufficient  to  make  all  the  shares  of  the  heirs  in  such  real  and 
personal  estate  and  advancement  to  be  as  nearly  equal  as  possible. 

Sec.  2538.  'the  value  of  any  real  or  personal  estate  so  advanced  shall  be 
deemed  to  be  that,  if  any,  which  was  acknowledged  by  the  person  receiving 
the  same  by  any  leceipt,  in  writing,  specifying  the  value;  if  no  such  written 
evidence  exists,  then  such  value  shall  be  estimated  according  to  its  value  at 
the  time  of  advancing  such  money  or  property. 

Sec.  2539.  The  maintaining,  educating  or  giving  money  to  a child  or  heir, 
without  a view  to  a portion  or  settlement  in  life,  shall  not  be  an  advancement 
within  the  meaning  of  this  act. 

CONSTRUCTION. 

Sec.  254U.  The  term  "real  estate”  as  used  in  this  act,  shall  be  construed  t© 

include  every  estate,  interest  and  right,  legal  and  equitable,  in  lands,  tene- 

ments and  hereditaments,  except  such  as  are  determined  or  extinguished  by 
the  death  of  the  intestate,  seized  or  possessed  thereof  in  any  manner,  other 
than  by  lease  for  years  and  estate  for  the  life  of  another  person. 

Sec.  2541.  The  term  “inheritance”  is  used  in  this  act,  shall  be  understood 

to  mean  real  estate,  as  herein  defined,  descended  according  to  the  provis 

ions  of  this  act. 

Sec.  2542.  Whenever,  in  any  pait  of  this  act,  any  person  is  described 
as  living  it  shall  be  understood  that  he  wras  living  at  the  time  of  the  death  of 
the  intestate  from  whom  the  descent  came;  and  when  any  person  is  described 
as  having  died,  it  shall  be  understood  that  he  died  before  the  intestate. 

Sec.  2543.  The  expression  used  in  this  act  “where  the  estate  shall  hav® 
come  to  the  intestate  on  the  part  of  the  “father”  or  “mother”  as  the  case  may 
be,  shall  be  construed  to  include  every  case  where  the  inheritance  shall  hav® 
come  to  the  intestate  by  gift,  devise  or  descent  from  the  parent  referred  *©, 
or  from  any  relative  of  the  blood  of  such  parent.  Rev.  Stat.  Chap.  49. 

Heirs  at  law  may  be  made  by  declaration  in  writing. 

Sec.  2544.  When  any  person  may  desire  to  make  a person  his  heir  at  law 
it  shall  be  lawful  to  do  so  by  a declaration  in  writing  in  favor  of  such  person, 
to  be  acknowledged  before  any  judge,  justice  of  the  peace,  clerk  of  any  court 
or  before  any  court  of  record  in  this  state. 

Sec.  2545.  Before  said  declaration  shall  be  of  any  force  or  effect  it  shall 
be  recorded  in  the  county  where  the  said  declarant  may  reside,  or  in  the 
county  where  rhe  person  in  whose  favor  such  declaration  is  made  may  reside. 

Compilation  of1  Schedule  of  Creek  Land  in  Acreage. 

Class  1.  Natural  open  bottom  land. 

Class  2.  Best  black  prairie  land. 

Class  3.  ta)  Bottom  land  covered  with  timber  and  thickets. 

Class  3 (b).  Best  prairie  land  other  than  black. 

Class  4 (a>.  Bottom  land  subject  to  overflow. 

Class  4 (b).  Prairie  land,  smooth  and  tillable. 

Class  5 (a;.  Rough  land  free  from  rocks. 

Class  5 (bn  Rolling  land  free  from  rocks. 

Class  6 (ay.  Rock  prairie  land. 

Class  6 (b)  Sandy  prairie  land. 


16  BRADLEY’S  MANUAL  OF  STATISTICAL  INFORMATION. 

Class  7 (a).  Alkili  prairie  land. 

Class  7 (b).  Hilly  and  rocky  land. 

Class  8 (a).  Swamp  land. 

Class  8 (b).  Mountain  pasture  land. 

Class  9 (b).  Mountain  land,  sandy  loam 
Class  9 (b).  Mountain  land,  silicious. 

Class  10  (a).  Rough  and  rocky  mountain  land. 

Class  10  (.b).  Flint  hills. 

Number  of  Acres  Classified  in  Creek  Nation. 

Acres 

Class  1 12,410.09 

Class  2 1,739.28 

Class  3 (a)  194,590.94 

Class  3 (b)  124,400.32 

Class  4 (a)  112,385.65 

Class  4 (b)  571,803.08 

Class  5 (a)  298,507.51 

Class  5 (b) 770,756.17 

Class  6 (a)  202,744.71 

Class  6 (bl  46,783.70 

Class  7 (a)  31,135.39 

Class  7 (b)  512,282  50. 

Class  8 (a)  25,469.50 

Class  8 tb) 91,310  09 

Class  9 (al  15,477.58 

Class  9 (b)  1,464.42 

Class  10  (a)  59,546.21 


Total 3,072,813.16 

RECAPITULATION. 

-Agricultural  land 2157613  acres. 

Rocky  Prairie  land  215680  acres. 

Hilly  and  rocky  land 618240  acres. 

-Mountain  land  81280  acres. 

Number  of  Acres  Classified  in  the  Cherokee  Nation. 

Class  1 11,646.57 

Class  2 1,623.36 

Class  3 (a) 143,836.03 

Class  3 (b) . 231,990.78 

Class  4 (a) 213,903.87 

Class  4 (b) 899,207.05 

Class  5 (a) 322,555.68 

Class  5 (b) 634,948.27 

Class  6 (a) 414,899.83 

Class  6 (b) 5,673.75 

Class  7 (aj 7,700.34 

Class  7 (b) 614,362.08 

Class  8 (a) 15,450.27 

Class  8 (b) 159,394.27 


BRADLEY’S  MANUAL  OF  STATISTICAL  INFORMATION. 


17 


Class  9 (a) 
Class  9 (b) 
Class  10  (a) 
Class  10  (b) 


12,062.87 

41,142.81 

220,341.43 

469,330.87 


Total 4,420,070.13 


fIDuskogce,  fnbtati  Aerator? 

The  Railroad  and  Financial  Center  of  the  Southwest. 

Reliable  statistics  of  the  Present  Condition  of  the  City. 

In  the  WHEAT  and  FRUIT  BELT  of  the  Southwest.  Climate  is  delightful 
and  rainfall  is  generous. 

MUSKOGEE  has  a splendid  location,  but  three  miles  from  three  of  the 
largest  rivers  in  the  Territory. 

MUSKOGF.E  is  a place  for  the  active,  energetic  business  man,  for  the 
capitalist,  the  investor,  the  home  seeker. 

MUSKOGEE  has  all  the  advantages  of  a city  of  ten  times  its  size,  with 
none  of  the  disadvantages. 

“STORY  OF  MUSKOGEE.” 

A few  facts  about  the  Queen  City  of  the  Southwest. 

That  Muskogee  is  the  best  and  most  promising  city  in  the  Southwest 
has  long  been  known  to  her  citizens. 

Investors  in  all  parts  of  the  Union  are  writing  for  information  to  find  out 
what  Muskogee  has,  what  she  expects  to  have  and  asking  questions  that 
anany  of  the  best  posted  Muskogeeites  cannot  answer  off  hand. 

MUSKOGEE  HAS  INVESTED— 

Banks  and  trust  companies — Capital  $1,250,000,  deposits,  $1,500,000. 
Bakeries — Capital  invested  $3,000,  sales  $25,000. 

Bricks — Capital  invested  $3,000,  sales  $48,000. 

Brick  vitrified — Capital  invested  $10,000  not  yet  in  operation. 

Broom  factory,  $10,000  capital. 

Building  and  loan  association — Capital  invested  $1,000,000. 

Buggies,  Wagons,  implements — Capital  invested,  $20,000  sales  $48,000. 
Three  cab  lines — Capital  invested  $7,000. 

Canning  factory — Capital  invested,  $10,000. 

Cattle  on  range — Capital  invested,  $500,000. 

Cattle  shipped — Capital  invested,  $500,000. 

Coal  and  ice — Expended  by  dealers,  $60,000. 

Cotton  Gins — Value  $40,000,  value  of  product,  $400,000. 

Cotton  Compress — Capital  invested  $50,000. 

Cotton  Seed  Oil  Mills — Capital  invested  $100,000,  product  8,000  tons  of  seed 
crushed. 

Clothing,  furnishings,  etc. — Capital  invested  $90,000,  sales  $150,000. 
Churches— Value  of  property  $65,000. 

Colleges — Value  of  property  $250,000. 

Dry  goods,  notions,  etc. — Capital  invested  $60,000,  sales  $300,000. 


18 


BRADLEY’S  MANUAL  OF  STATISTICAL  INFORMATION. 


Drugs — Capital  invested  $60,000,  sales  $98,000. 

Electric  light  and  ice  plant — Capital  invested,  $125,000. 

Express  paid,  $40,000. 

Furniture,  capital  invested  $30,000,  sales  $100,000. 

Freight  paid  $350,000. 

Feed  mills — Capital  invested,  $20,000,  sales  $75,000. 

Groceries,  wholesale — Capital  invested  $200,000,  sales  $1,050,000. 
Groceries  retail — Capital  invested  $160,000,  sales  $401,000. 

Green  House — Capital  invested  $5,000. 

Harness  and  saddlery — Capital  invested  $25,000. 

Hardware — Capital  invested  $150,000,  sales  $340,000. 

Hides  and  furs — Capital  invested  $25,000. 

Ice  cream  factory — Capital  invested  $1,000,  sales  $3,000. 

Insurance  premiums  paid,  $60,000. 

Jewelry — Capital  invested  $20,000,  sales  $40,000. 

Land  leases — Capital  invested  $1,000,000. 

Laundry — Capital  invested  $12,000. 

Livery  stables — Capital  invested  $22,000. 

Meat  markets — Capital  invested  $5,000. 

Music  stores — Capital  invested  $5,000. 

Millinery — Capital  invested  $1,000. 

Machine  shop — Capital  invested,  $2,000. 

Magazines — Capital  invested,  $2,000. 

Printing  offices — Capital  invested,  $17,000. 

Plumbing — Capital  invested,  $10,000. 

Pacing  house  products  consumed,  $114,000. 

Passenger  traffic,  $264,000. 

Two  photograph  studios — Value  $3,000. 

Real  estate  sales,  $6,000,000. 

Real  estate  companies- — Capital,  $200,000. 

Shoes — Capital  invested,  $35,000,  sales  $100,000. 

Sickle  bar  manufactory — Capital  $15,000. 

Undertaker’s  supplies,  $10,0000. 

Various,  $100,000. 

Western  Underwriters  Insurance  Co.  of  Muskogee — Capital,  $200,00$. 
Total  capital  invested,  $7,538,000. 

WHAT  MUSKOGEE  HAS— 

Population,  10,000. 

Six  banks — Capital.  $1,250,000;  total  deposits,  $1,500,000. 

One  U.  S.  Government  depository — only  one  in  Indian  Territory. 

Six  railroads — M..  K.  & T.;  Frisco;  M.,  K.  & O.;  Muskogee  Southern j 
Santa  Fe;  Mo.  Pacific. 

Twenty  cars  of  Muskogee  freight  received  daily. 

Twenty-four  freight  trains  pass  every  twenty-four  hours. 

Fourteen  passenger  trains  leave  daily. 

Division  headquarters,  M.  K.  & T.  Ry. ; Muskogee  Southern  Ry. ; Mus- 
kogee Union  Ry.;  Pullman  Car  Co. 

One  cotton  compress. 

One  mattress  factory. 

Two  cotton  gins. 

Two  grist  mills. 

One  oil  mill. 


/ 


BRADLEY’S  MANUAL  OF  STATISTICAL  INFORMATION. 


19 


■One  vitrified  brick  plant. 

One  concrete  block  plant. 

One  concrete  block  pant. 

Two  daily  newspapers. 

Four  weekly  newspapers. 

Ten  monthly  publications. 

Ten  wholesale  houses — Sales  last  year,  $2, 000, 000. 

One  hundred  stenographers  employed  in  city  limits. 

Fifty  lawyers. 

Twenty  doctors. 

Fifty  school  teachers. 

Eight  school  houses 
Eleven  churches. 

One  opera  house. 

United  States  officials. 

Federal  court. 

Dawes  Commission. 

Indian  Inspector’s  office. 

Indian.  Agent. 

United  States  Marshal. 

United  States  District  Attorney. 

Clerk  United  States  court. 

Superintendent  schools,  Indian  Territory. 

One  Federal  prison. 

Seven  hotels — Three  thousand  guests  each  month. 

Forty  modern  brick  blocks. 

Two  hundred  buildings  in  process  of  construction. 

Low  rates  of  insurance. 

Electric  lighted. 

Dong  distance  telephone  service. 

Splendid  water  and  sewerage  system  built  by  city. 

Free  mail  delivery  in  city. 

Two  million  letters  cancelled  in  Muskogee  postoffice  last  year. 

Fine  fire  department. 

Chamber  of  Commerce — Three  hundred  members. 

Real  Estate  Exchange — Thirty  members. 

Muskogee  cotton  quoted  as  special  on  London  Cotton  Exchange. 

Eight  thousand  dollars  worth  of  potatoes  raised  in  1903  on  120  acres 
of  Muskogee  land. 

Two  crops  of  all  vegetables  raised  each  year. 

Cotton,  corn,  hay,  wheat  and  oats  grow  in  abundance.  Fine  opportun- 
ity in  fruit,  melons  and  poultry. 

Unlimited  supply  of  building  stone  in  corporate  limits. 

Oil  and  gas  assured. 

Franchise  fcr  street  railroad  granted. 

Political  parties  equally  divided. 

Two  hundred  and  fifty  miles  south  of  Kansas  City. 

Two  hundred  miles  north  of  Dallas. 

Four  hundred  miles  northwest  of  Memphis. 

Five  hundred  miles  southeast  of  Denver. 

One  night’s  ride  from  St.  Louis. 

Situated  in  the  heart  of  the  best  and  last  new  country  to  be  opened. 


/ 


20 


BRADLEY’S  MANUAL  OF  STATISTICAL  INFORMATION. 


As  cosmopolitan  as  New  York;  as  hustling  as  Chicago. 

Destined  to  be  the  best  city  of  the  great  Southwest. 

Best  place  for  investment  west  of  the  Mississippi  river. 

Seventy  thousand  dollars  raised  in  one  day  as  bonus  for  a railroad 
which  is  now  in  course  of  construction. 

Cotton,  corn,  hay,  wheat  and  oats  grow  in  abundance.  Fine  opportun- 
ities in  fruit,  melons  and  poultry. 

Openings  in  all  lines  of  business. 


IReoulations  for  tbc  Sale  anb  Xease 

©f  Creel!  ‘ilan&s. 

Section  1.  Creek  citizens  desiring  to  sell  such  of  their  lands  as  they 
are  by  law  authorized  to  sell  with  the  approval  of  the  Secretary  of  the  In- 
terior, may  apply  to  the  Indian  Agent,  or  other  officer  in  charge  of  the 
Union  Agency,  Muskogee,  Indian  Territory,  by  petition,  in  duplicate,  con- 
taining an  accurate  description  of  the  land  and  improvements  thereon, 
praying  that  such  land  may  be  sold  in  accordance  with  these  regulations, 
stating  facts  to  show  title,  and  why  it  will  be  for  the  best  interest  of  the 
owner  to  sell  it  for  a fair  price  and  signed  by  all  persons,  or  their  legal  rep- 
resentatives having  any  interest  in  the  land.  A form  of  petition  has  been 
prescribed  which  must  be  used. 

1.  When  such  Indian  agent  or  other  officer  in  charge  shall  be  satisfied 
that  the  facts  alleged  in  the  petition  are  sufficient,  he  shall  cause  a memo- 
randum record  of  the  same  to  be  made  in  a book  to  be  kept  for  that  purpose, 
and  shall  file  the  petition  in  his  office.  The  duplicate  copy  of  such  petition 
shall  be  immediately  forwarded  to  the  Commissioner  of  Indian  Affairs  by 
such  agent  or  other  officer  in  charge,  who,  before  so  forwarding  it,  shall  en- 
dorse thereon  the  date  the  same  was  received  by  him  and  the  date  the  land 
described  therein  will  be  listed  for  sale. 

2.  Such  agent  or  other  officer  in  charge  shall  on  each  Monday  morning 
post  in  a conspicuous  place  in  his  office,  in  such  large  letters  and  figures  a* 
shall  be  clearly  legible,  for  a period  of  sixty  days,  a list  of  the  lands  de- 
scribed in  petitions  received  by  him  during  the  week  preceeding  such  Mon- 
day, showing  in  separate  columns  the  names  of  the  owners,  the  description 
of  the  lands,  the  dates  when  listed  and  the  dates  when  the  bids  will  he  op- 
ened, and  such  list  shall  be  accessible  to  the  public  at  all  times  in  the  bus- 
iness hours  of  the  office.  On  each  Monday  the  Indian  agent  or  other  officer 
in  charge  will  forward  to  the  Commissioner  of  Indian  Affairs  a complete 
list  of  all  lands  posted  in  his  office  for  sale. 

3.  When  any  tract  of  land  has  been  so  listed,  the  Indian  agent  or  other 
officer  in  charge,  when  competent  from  his  general  knowledge  of  the  valaa 
of  the  land,  shall  visit,  view  and  appraise  the  same  at  its  true  value,  accord- 
ing to  his  best  judgment.  If  such  agent  or  other  officer  is  not  so  competent, 
or  if  it  shall  be  impracticable  for  him  to  personally  visit  and  appraise  the 
land,  he  shall  require  the  appraisement  to  be  made  in  like  manner  by  a 
competent  officer  or  employee  under  his  charge.  A certificate  of  said  ap- 
praisement, signed  and  sworn  to  by  the  person  making  it,  shall  be  sealed  and 
and  not  opened  until  the  sealed  bids  for  that  tract  of 
land  are  opened.  The  appraisement  shall  not  be  made 
public,  but  no  bid  less  than  the  appraised  value  shall  be  considered.  If  the 


BRADLEY’S  MANUAL  OF  STATISTICAL  INFORMATION. 


21 


the  appraisement  is  made  by  other  than  the  agent  or  officer  in  charge,  such 
agent  or  officer  in  charge  shall  add  his  certification  of  the  qualifications 
and  integrity  of  the  appraiser,  and  that  he  believes  the  appraisement  to  be 
tne  true  value  of  the  land. 

4.  Sealed  bids  will  be  received  by  such  agent  or  other  officer  in  charge 
at  his  office  for  any  lands  so  listed,  at  any  time  before  the  day  on  which  the 
bids  are  opened.  If  a bidder  desires  to  bid  on  tracts  not  contiguous  he  must 
submit  a separate  bid  for  each  tract,  and  if  he  desires  to  purchase  less  than 
an  entire  tract  offered  he  may  submit  a bid  for  ope  or  more  legal  subdivi- 
sions thereof. 

5.  All  such  bids  shall  be  enclosed  in  a sealed  envelope,  upon  which  must 
be  written  “Bid  for  Creek  land,  described  as  follows,”  followed  by  a descrip- 
tion of  the  land,  before  the  same  is  deposited  with  the  Indian  Agent  or  other 
officer  in  charge. 

Bids  shall  be  numbered  by  such  Indian  Agent  or  other  officer  in  charge 
In  the  order  in  which  the  same  shall  be  received  by  him,  and  a memorandum 
record  of  each,  containing  number  of  bid  and  description  of  land,  shall  be 
kept  in  book  suitable  for  that  purpose.  Each  bid  must  be  accompanied  by  a 
duly  certified  check  on  some  solvent  bank,  payable  to  the  Commissioner  of 
Indian  affairs,  for  the  use  of  the  grantors,  for  twenty  per  cent  of  the  amount 
offered,  as  a guarantee  for  the  faithful  performance  of  his  propo- 
sition. If  the  bid  shall  be  accepted  and  the  successful  bidder  shall,  within 
a reasonable  time,  not  exceeding  ten  days,  after  due  notice,  fail  to  comply 
with  the  terms  of  his  bid,  such  check  shall  be  forfeited  to  the  use  of  the 
owner  of  the  land. 

6.  The  right  to  reject  any  or  all  bids  is  reserved,  but  in  all  ca.ses  the 
highest  bid  shall  be  accepted  by  such  Indian  Agent  or  other  officer  in  charge, 
and  such  acceptance  shall  be  subject  to  the  approval  of  the  owner  of  the  land 

7.  Purchasers  shall,  before  delivery  of  deed,  pay  all  costs  of  conveyanc- 
ing, and,  in  addition  thereto,  to  cover  the  expenses  of  advertising,  the  sum 
of  one  dollar  when  the  purchase  price  does  not  exceed  $1000;  one  dollar  and 
twenty-five  cents  when  the  purchase  price  exceeds  $1,000  and  does  not  ex- 
ceed $2,000;  ana  one  dollar  and  fifty  cents  when  the  purchase  price  exceeds 
$2,000. 

8.  Bidders  and  other  interested  persons  may  be  present  when  bids  are 
opened.  When  opened  the  bids  shall  be  so  recorded,  in  a book  kept  for  that 
purpose,  so  as  to  show  the  name  of  the  bidder  description  of  land,  amount  of- 
fered, and  action  taken  thereon. 

9.  Listed  lands  not  disposed  of  at  the  appointed  time  may,  if  the  owner 
so  desires,  be  relisted  under  the  same  rules  as  governed  its  original  listing, 
except  in  any  case  where  the  owner  has  refused  to  approve  Ihe  highest  bid, 
when  such  bid  is  deemed  by  the  Indian  Agent  or  other  officer  in  charge  to  be 
a fair  price  for  the  land,  and  in  such  case  the  land  may  be  relisted  as  afore 
said,  in  the  discretion  of  the  Indian  Agent  or  other  officer  in  charge. 

10.  When  bids  are  opened  the  certified  check  accompanying  each  shall, 
as  soon  as  practicable,  be  returned  to  the  bidder  (except  that  accompanying 
the  accepted  bid)  by  the  Indian  Agent,  or  other  officer  in  charge,  who  shall 
take  the  bidder’s  receipt  for  the  same,  of  which  he  shall  in  each  case  make 
full  report  to  the  Commissioner  of  Indian  affairs  without  unnecessary  delay. 

11.  The  Commissioner  of  Indian  Affairs  shall  cause  an  advertisement 
of  lands  listed  to  be  published  in  at  least  one  weekly  newspaper  published 
at  Muskogee,  Indian  Territory,  and  such  additional  weekly  newspapers  as  he 


22 


BRADLEY’S  MANUAL  OF  STATISTICAL  INFORMATION. 


may  deem  advisable,  so  that  each  tract  listed  shall,  as  nearly  as  may  be  prac- 
ticable, be  advertised  : during  the  listed  period. 

12.  The  advertisement  shall  contain  a description  of  the  land  as  listed 
and  shall  state  'that  sealed  bids  will  be  received  therefor  at  the  agency  until 
the  day  when  bids  are  to  be  opened,  which  day  shall  be  clearly  specified, 
and  that  such  sealed  bids  must  be  accompanied  by  and  contain  a duly  certi- 
defi  check  on  some  solvent  bank,  payable  to  the  order  of  the  Commissioner 
fo  Indian  Affairs,  for  twenty  per  cent  of  the  amount  of  the  bid,  and  that  fur- 
ther information  and  a copy  of  rules  aud  regulations  applicable  may  be  had 
at  the  Union  agency. 

13.  In  addition  to  such  advertisement  the  Commissioner  of  Indian  Af- 
fairs shall  cause  public  notice  to  be  given  by  publication  in  a ^newspaper 
published  at  Muskogee,  Indian  Territory,  that  rules  and  regulations  and  any 
other  information  relative  to  sale  of  Creek  lands  may  be  obtained  on  applica- 
tion to  the  Indian  agent,  Union  agency,  Muskogee,  Indian  Territory,  and  such 
publication  shall  continue  until  otherwise  ordered  by  the  Commissioner  of 
Indian  affairs. 

Sec.  2.  The  deed  must  be  executed  in  the  presence  of  two  subscribing 
witnesses  and  duly  acknowledged  before  the  Indian  agent  at  Union  Agency, 
a notary  public,  or  other  officer  duly  authorized  to  take  acknowledgements 
of  deeds.  The  witnesses  must  make  affidavit  that  the  deed  was  in  their  pres- 
ence read  and  fully  explained  to  the  grantor,  and  that  he  understood  the 
nature,  contents,  and  effect  thereof,  and  approved  and  signed  the  same  in 
their  presence. 

Sec.  3.  buch  deed  when  transmitted  by  the  Indian  agent,  or  o.her  offi- 
cer in  charge,  for  the  Secretary’s  approval,  must  be  accompanied  by  the  or- 
iginal petition;  the  certificate  of  appraisement;  all  bids  relating  to  she  land 
covered  by  such  deed;  a duly  certified  check  on  a solvent  bank  for  the  full 
purchase  price,  payable  to  the  order  of  the  Commissioner  of  Indian  Affairs; 
and  a full  report  by  the  Indian  Agent  or  other  officer  in  charge  of  all  pro- 
ceedings previous  to  the  execution  of  the  deed,  also 

(1) .  By  the  certificate  of  the  Indian  Agent,  or  officer  before  whom  the 
deed  was  acknowledged,  that  the  contents,  purport,  and  effect  of  the  deed 
were  explained  to  and  fully  understood  by  the  grantor  or  grantors;  that  the 
consideration  specified  in  the  deed  is  a fair  price  for  the  land;  that  the  con- 
veyance is  in  every  respect  free  from  fraud  or  deception;  and  that  the  land, 
described  in  the  deed  is  no  part  of  the  grantor’s  homestead.  The  affidavits 
of  the  grantor  or  grantors,  and  the  grantee  cr  grantees,  must  accompany 
such  deed,  showing  that  there  is  no  contract,  agreement,  or  understanding 
(written  or  verbal)  whereby  the'  consideration  mcney  or  price  paid  for  the 
land,  or  any  portion  thereof,  is  to  be  refunded  to  the  purchaser  of  the  deed; 
nor  any  live  slock,  implements,  other  articles  or  things  are  to  be  exchanged 
or  taken  in  lieu  of  said  consideration  ot  purchase  price,  or  any  portion  there- 
of for  said  lands.  The  deed  must  also  be  accompanied  by  an  affidavit  of  the 
grantee  (or  grantees)  stating  that  he  (she  or  (hey)  is  not  a party  to  any 
association  or  combination  of  persohs  to  acquire  the  land  described  in  the 
deed  at  less  than  its  fair  value,  or  to  prevent  open  and  fair  competition  in  the 
purchase  thereof,  and  that  neither  the  grantor,  nor  anyone  acting  for  him 
in  his  place,  has  been  given  or  promised  any  money  or  other  thing  by  the 
grantee  or  by  anyone  with  his  advice,  consent,  or  knowledge,  except  the  con- 
sideration named  in  the  deed,  to  induce  him  to  agree  to  such  sale  of  his  land. 

(2) .  When  the  deed  has  been  returned  to  the  Indian  Agent,  duly  approv- 


BRADLEY’S  MANUAL  OF  STATISTICAL  INFORMATION. 


23 


ed  by  the  Secretary  of  the  Interior,  it  shall  be  accompanied  by  the  certified 
check  for  the  purchase  price  duly  endorsed,  with  appropriate  instiuctions 
from  the  Commissioner  of  Indian  affairs  to  the  Indian  Agent  relative  to  the 
delivery  of  the  deed  to  the  grantee  and  the  payment  of  the  purchase  price 
to  the  grantor.  The  Indian  Agent  in  reporting  on  deeds  will  be  careful  ta 
show  the  value  of  the  land,  as  appraised  by  the  Commission  to  the  Five  Civ- 
ilized Tribes,  in  order  that  the  Department  may  know  how  it  was  classified 
for  distribution.  He  will  ascertain  whether  the  party  or  parties  seeking 
to  sell  are  the  parties  to  whom  the  land  was  allotted,  and  will  give  his  opinion 
as  to  whether  the  instrument  should  be  approved  with  his  reasons  for  such 
opinion. 

LEASES. 

Sec.  4.  No  lease  will  be  approved  for  a greater  term  of  years  than  as 
follows:  Three  years  for  grazing  purposes,  ten  years  for  agricultural  purpos- 
es, and  fifteen  years  for  mineral  purposes.  All  leases  must  be  in  quadrupli- 
cate and  be  executed  in  the  presence  of  two  subscribing  witnesses,  one  pail 
to  be  filed  in  the  office  of  the  Commissioner  of  Indian  Affairs,  one  with  the 
agent,  Union  Agency,  one  to  be  delivered  to  the  lessee,  and  one  to  the  lessor 

Sec.  5.  All  leases  must  accurately  describe  the  lands,  specify  the  rents 
or  royalties  and  when  the  same  are  to  be  paid,  and  they  must  contain  a pro- 
vision to  the  effect  that  if  the  lessee  shall  fail  to  pay  the  rents  or  royalties  on 
any  part  thereof  when  due,  or  shall  fa^  to  faithfully  comply  with  the  terms 
and  conditions  of  the  lease,  such  failure  shall  constitute  a forfeiture  of  the 
lease  and  all  improvements  placed  on  the  land  by  the  lessee,  and  that  the 
lessor  shall  oe  entitled  to  immediate  possession  of  the  leased  lands  and 
the  improvements  located  thereon. 

All  improvements  placed  on  the  lands  by  the  lessee  to  an  agricultural 
or  grazing  lease,  or  anyone  holding  under  him  as  a sublessee,  or  otherwise 
shall,  at  the  expiration  of  the  lease,  be  and  become  the  property  of  the  own- 
er of  the  land. 

This  regulation  is  also  applicable  to  all  improvements  and  buildings  plae- 
de  upon  lands  leased  for  mineral  purposes,  except  tools,  boilers,  boiler 
houses,  pipe  lines,  pumping  and  drilling  outfits,  tanks,  engines,  casings  oc 
all  dry  or  exhausted  wells,  and  machinery. 

All  original  lessees,  except  of  mineral  lands  as  hereinafter  provided,  shall 
be  required  to  furnish  a bond  executed  by  two  or  more  sufficient  sureties, 
each  of  whom  must  justify  under  oath  to  an  amount  equal  to  the  entire  ren 
tal,  guaranteeing  the  payment  of  all  rents  at  the  time  and  in  the  manner 
specified  in  the  lease,  and  the  performance  of  all  covenants  and  agreements 
named  in  the  indenture  to  be  paid  and  performed  by  the  lessee.  Each  mineral 
lease  must  be  accompanied  by'  an  application,  under  oath  by  the  lessee,  upon 
blanks  to  be  furnished  by  the  agent.  Each  applicant  will  be  required  to  state 
that  the  application  is  not  made  for  speculation,  but  in  good  faith,  and  where  the 
lease  if  for  mining  purposes,  for  mining  the  mineral  or  minerals  specified 
including  oil  and  natural  gas.  A map  must  accompany  each  application, 
therein  showing  the  amount  of  land  or  each  legal  subdivision  supposed  ti 
be  underlaid  with  mineral,  oil,  or  natural  gas,  as  the  case  may  be,  and  if 
mineral  other  than  oil  or  natural  gas,  the  quantity  that  can  probably  be  min- 
ed. Applicants  must  furnish  such  other  information  as  may  be  desired  by  the 
agent  regarding  their  prospective  operations.  Applications  by  parties  who  do 
not  themselves  intend  to  conduct  operations  on  the  land  will  be  rejected. 


24 


BRADLEY’S  MANUAL  OF  STATISTICAL  INFORMATION. 


Should  the  application  be  approved,  bond  will  then  be  required  as  provided 
lor  hereinafter. 

In  all  mineral  leases  it  must  be  provided  that  only  so  much  of  the  surface 
of  the  land  described  as  may  be  reasonably  necessary  to  carry  on  the  work 
contemplated  may  be  occupied  by  the  lessee. 

All  original  lessees  of  mineral  lands  shall  be  required  to  furnish  a bond, 
with  two  or  more  sufficient  sureties,  or  a responsible  surety  company,  guar- 
anteeing the  payment  of  all  royalties  and  rents  at  the  time  and  in  the  man- 
ner specified  in  the  lease  to  be  paid  and  performed  by  the  lessee.  Such . 
ments  named  in  the  lease  to  be  paid  and  performed  by  the  lessee.  Such 
bond  shall  he  in  amount  as  follows?  For  leases  covering  40  and  less  than  80 
$1,000;  for  those  covering  80  acres  and  less  than  120,  $1,500;  for  those  cover- 
ing 120  acres  and  not  more  than  160,  $2,000,  and  for  each  40  acre  tract,  or 
fractional  part  thereof,  above  160  acres,  an  additional  amount  of  $500;  but 
the  right  is  specifically  reserved  to  increase  the  amount  of  such  bond  above 
the  sums  named  in  any  particular  case  where  the  Secretary  of  the  Interior 
deems  it  proper  to  do  so. 

No  lease  shall  be  sublet,  transferred,  or  assigned  without  the  consent 
and  approval  of  the  Secretary  of  the  Interior. 

All  mineral  leases  shall  provide  for  the  payment  of  advanced  annual 
royalty  in  sums  of  not  less  than  15  cents  per  acre  per  annum  for  the  first 
and  second  years,  30  Cents  per  acre  per  annum  for  the  third  and  fourth 
years,  and  75  cents  per  acre  per  annum  for  the  fifth  and  each  succeeding  year 
thereafter,  for  the  term  for  which  the  lease  is  to  run,  the  sums  thus  paid  to 
be  a credit  on  the  stipulated  royalties  should  the  same  exceed  in  any  one 
year  the  amount  of  the  advanced  payment. 

All  oil  and  gas  leases  shall  provide  for  the  payment  of  a royalty  of  10 
per  cent  of  the  value  on  the  leased  premises  of  all  crude  oil  extracted  from 
said  land,  to  be  paid  monthly,  on  or  before  the  25th  day  of  the  month  sue 
ceeding  that  in  which  it  is  produced,  and  the  average  value  of  the  oil  during 
the  month  in  which  it  is  produced  shall  constitute  the  criterion  for  computing 
the  royalty.  The  royalty  on  natural  gaas  shall  be  fixed  by  the  Secretary  of 
the  Interior  at  the  end  of  each  year,  or  oftener  in  his  discretion. 

All  coal  and  asphalt  leases  shall  provide  for  the  payment  of  royalties  as 
follows,  to  wit:  On  asphaltum,  the  sum  of  10  cents  per  ton  for  each  and 

every  ton  of  crude  asphalt  produced  weighing  2,000  pounds,  or  the  sum  of  60 
cents  per  ton  on  refined  asphalt;  on  the  production  of  all  coal  mined,  the 
sum  of  8 cents  per  ton  of  2,000  pounds  on  mine-run,  or  coal  as  it  is  taken  from 
the  mines,  including  what  is  commonly  called  “slack.”  All  such  royalties 
shall  be  paid  monthly  as  hereinbefore  provided  for  oil  and  gas. 

All  mineral  lessees  must  agree  to  allow  the  lessor  and  his  agents  from 
time  to  time  to  enter  upon  and  into  all  parts  of  the  leased  premises  for  the 
purpose  of  inspection,  and  agree  to  keep  a full  and  correct  account  of  all 
+heir  operations  and  make  report  thereof,  under  oath,  promptly  after  the  end 
of  each  month,  to  the  lessor,  and  to  the  Secretary  of  the  Interior,  through 
such  officer  as  he  may  designate,  and  their  books  shall  be  open  at  all  times 
to  the  examination  of  such  officers  of  the  Department  as  shall  be  instructed 
m writing  by  the  Secretary  of  the  Interior  to  make  such  examination. 

The  agent,  before  ‘'“ansmitting  a lease,  will  ascertain  whether  the  les- 
sor or  lessors  are  m fact  the  parties  to  whom  the  land  was  allotted. 

Sec.  6.  No  person  or  corporation  will  be  allowed  to  lease,  within  the 
territory  occupied  by  the  Creek  and  Cherokee  Nations,  for  the  purpose  of 


BRADLEY’S  MANUAL  OF  STATISTICAL  INFORMATION. 


25 


mining  for  oil  and  gas,  more  than  4,S00  acres  of  land  in  the  aggregate. 

Any  oil  and  gas  leases  presented  to  the  Department  must  be  accom- 
panied by  an  application  by  the  lessee,  for  approval  of  such  lease  or  leases, 
m the  form  of  an  affidavit,  showing  that  the  lessee  is  not  directly  or  indi- 
rectly interested  in  any  oil  and  gas  leases  or  application  for  such  leases,  with- 
in the  territory  occupied  by  said  nations,  the  lands  embraced  in  which,  with 
the  tracts  covered  by  the  lease  or  leases  presented  for  approval  would  mate 
more  than  4,800  acres. 

Applications  to  have  leases  approved  must  follow  the  form  on  page  33  ■ 
also  the  following  form: 

To  the  Secretary  of  the  Interior: 

, of , hereby  apply  to  have  approved  to the  accom- 
panying oil  and  gas  lease.,  in  the  Creek  nation,  Indian  Territory,  embracing 
in  the  aggregate,  acres  of  land,  viz: 

Lease  executed , 190..,  by , for  ....  acres.  Lease  executed 

190..,  by  , for  ....  acres  Lease  executed  .,  190..,  by 

, for  acres.  Lease  executed  , 190..,  by  , for 

acres.  Lease  executed  , 190..,  by  , for  acres. 

Lease  executed  , 190..,  by  , for  acres.  Lease  executed 

, 190..,  by , for acres.  Lease  executed , 190..,  bv 

, for  acres.  Lease  executed  190..,  by  for 

acres.  Lease  executed , 190..,  by , for acres. 

solemnly  swear  that  ....  not  directly  or  indirectly  interested  in 

any  oil  and  gas  lease  for  any  of  the  lands  within  the  territory  occupied  by  the 
Creek  and  Cherokee  nations,  in  the  Indian  Territory,  or  application  tor  such 
lease,  the  lands  embraced  in  which,  with  the  tracts  covered  by  the  lease.  , 
nerewith  presented,  would  make  more  than  4,800  acres. 


United  States  of  America,  Indian  Territory, 

Western  Judicial  District. 

Sworn  to  and  subscribed  before  me  this  day  of , 190. . 


(My  commission  expires ) 

DEEDS  AND  LEASES. 

Sec.  7.  No  lease  or  deed  wll  be  approved  that  is  executed  prior  to  the 
approval  and  delivery  of  the  deed  to  the  allottee.  Annxed  to  these  regula- 
tions are  forms  of  petition,  deed,  certificate  of  officers  taking  acknowledge- 
ment, affidavit  of  witnesses,  grantor’s  affidavit,  grantee’s  affidavit,  certifi- 
cate of  officer  who  appraised  the  land,  lease,  bond,  and  affidavit  of  surety, 
which  forms  must  be  followed  in  all  cases.  All  deeds  and  leases  will  be 
transmitted  by  the  Indian  Agent,  or  other  officer  in  charge,  through  the 
proper  channels,  for  the  Secretary’s  approval. 

Sec.  8.  The  post-office  address  of  each  party  in  interest  must  be  given 
in  the  instrument  which  it  is  sought  to  have  approved,  and  the  post-office  ad- 
dress of  each  subscribing  witness  must  appear  on  the  papers. 

Sec.  9.  A lease  or  conveyance  of  undivided  inherited  lands,  or  of  un- 
divided allotments  made  directly  to  the  heirs  of  a deceased  citizen,  will  be 


26 


BRADLEY’S  MANUAL  OF  STATISTICAL  INFORMATION. 


approved  only  in  cases  where  all  the  heirs  join  In  the  lease,  deed,  or  instru- 
ment of  conveyance. 

Sec.  10.  If  inherited  lands,  or  lands  allotted  directly  to  heirs  of 
a deceased  citizen,  have  been  partitioned,  evidence  thereof  must  accompany  a 
deed  or  instrument  of  conveyance  of  such  lands. 

Sec.  11.  In  cases  where  the  lands  embraced  in  a lease,  deed,  or  instru- 
ment of  conveyance  were  inherited  from  one  who  died  after  the  allotment 
was  made  to  him,  such  lease,  deed,  or  instrument  of  conveyance  must  be  ac- 
©ompanied  by  a certificate  signed  by  two  officials  of  the  town  or  band  of 
which  such  allottee  was  a member,  or  by  two  or  more  reliable  members  of 
the  tribe,  setting  forth  that  the  allottee  to  whom  the  land  was  originally  ai- 
leted  is  dead,  giving  as  nearly  as  possible  the  date  of  death.  Such  certifi- 
cate shall  also  show  the  names  and  ages  of  the  heirs,  adults,  and  minors  of 
such  deceased  allottee  but  the  Department  reserves  the  right  to  require 
if  in  its  judgment  it  shall  be  considered  necessary,  such  further  and  addi- 
tional evidence  relative  to  the  heirship  as  may  be  deemed  proper.  If  the 
persons  who  certify  to  the  death  of  the  allottee  are,  from  their  own  knowl- 
edge, unable  to  certify  as  to  who  are  the  heirs  (with  their  names  and  ages) 
of  such  deceasen  allottee,  an  additional  certificate  made  by  persons  of  one  of  ths 
two  classes  herein  specified,  showing  who  are  the  heirs  and  giving  their  names 
and  ages  (adults  and  minors)  must  be  furnished.  And  one  of  the  certificates 
above  mentioned,  or  an  additional  certificate  made  as  above  specified,  must 
set  forth  definitely  whether  or  not  any  children  were  born  to  such  deceased 
allottee  after  Maj  25,  1901,  and  whether  or  not  such  deceased  allottee  dis- 
posed of  his  homestead  or  any  portion  of  his  allotment  by  will. 

Sec.  12.  In  cases  where  the  lands  embraced  in  a lease,  deed  or  instru- 
ment of  conveyance  were  allotted  directly  to  the  heirs  of  a citizen  who  died 
before  receiving  an  allotment,  such  lease,  deed  or  instrument  of  conveyance 
must  be  accompanied  by  a certificate  signed  by  two  officials  of  the  town  or 
hand  of  which  such  citizen  was  a member,  or  by  two  or  more  reliable  mem- 
bers of  the  tribe,  setting  forth  the  names  and  ages  of  the  heirs,  adults  and 
minors,  of  such  deceased  citizen,  the  Department  reserving  the  right  to  re- 
quire additional  evidence,  as  provided  in  section  11  hereof. 

Sec  13.  If  there  shall  have  been,  or  shall  hereafter  he,  probate  or  other 
court  proceedings,  establishing  who  are  the  heirs  of  such  deceased  allottee  or 
such  deceased  citizen  a certified  copy  of  the  final  order,  judgment  or 
decree  of  the  court  showing  and  determining  such  heirship  must  be  furnish- 
ed; hut  where  such  court  proceedings  have  not  been  had,  a compliance 
with  the  requirements  of  the  provisions  of  Sections  11  and  12  hereof,  as  the 
case  may  be,  will  be  deemed  sufficient  to  establish  the  heirship. 

Sec.  14.  In  cases  of  transfers,  leases  and  sales  to  which  minors  >,re 

parties  grantor,  the  transfer,  lease  or  sale  must  he  made  by  a guardian, 

and  the  lease  heed,  or  instrument  of  conveyance  must  be  accompanied  by 
certified  copies  of  the  orders  of  the  proper  court  appointing  the  guardian 
and  authorizing  him  to  make  such  transfer,  lease  or  sale,  and  it  must  be 

fully  understood  that  the  Department  reserves  the  right  to  use  any  means 

at  its  disposal  for  the  purpose  of  ascertaining  whether  the  consideration 
given  is  the  fair  value  of  the  land,  and  whether  the  proposed  lease  or  sale 
is  for  the  best  interests  of  the  Indian. 

Sec.  15.  Leases  for  minerals,  other  than  coal,  asphalt,  oil  and  gee 
must  be  made  on  the  form  attached  hereto. 

W.  A.  JONES,  Commissioner. 


BRADLEY’S  MANUAL  OF  STATISTICAL  INFORMATION. 


27 


SPAULDING  INSTITUTE,  MUSKOGEE. 


STREET  SCENE,  MUSKOGEE. 


28 


BRADLEY’S  MANUAL  OF  STATISTICAL  INFORMATION. 


Department  ot  the  Interior. 

Approved  July  Id,  1903. 

THOS.  RYAN,  Acting  Sectretary. 

PETITION  FOR  THE  SALE  OF  CREEK  LANDS. 

[It  allottee  is  married,  petition  must  be  signed  by  allottee  and  wife,  or  al- 
lottee and  husband,  as  the  case  may  be.  If  allottee  is  a minor,  petition 
must  be  signed  by  guardian.] 

United  States  Indian  Agent, 

Union  Agency,  Muskogee,  I.  T. 

SIR: 

, lire  undersigned,  respectfully  show.. that 

, the  owner.. of  the  following  described  land,  situate  in 

the  Creek  Nation,  I.  T.,  to  wit, 


that  said  described  land  was  allotted  to 

by  the  Commission  to  the  Five  Civilized  Tribes;  (hat  allotment  deed  therefor 

was  delivered  to by  the  principal  chief  of  the  Creek 

Nation,  on  the day  of  ,190..;  that  the  land  is  not 

a homestead;  that  said is  a citizen  of  the  Creek 

Nation,  and  that name  appears  on  the  approved  Creek  roll  opposite 

number ; that  of  said  described  land acres  are  in  cultivation; 

that  the  same  is  improved,  as  follows: 


the  reasonable  value  of  which  does  not  exceed  dollars,  and  that 

said  believes  that  interests 

will  be  best  subserved  by  permitting to  sell  the  above-described 

land  for  the  following  reasons,  to  wit 


and consider  dollars  the  reasonable  value 

of  the  land. 


In  presence  of: 


P.  O. 


P.  O 

GENERAL  WARRANTY  DEED. 

This  indenture,  made  and  entered  into  this  day  of 

one  thousand  nine  hundred  and  , by  and  between  


of , part.,  of  the  first  part,  and 

of , part.,  of  the  second  part. 


Witnesseth:  That  the  said  part,  .of  the  first  part,  for  and  in  considera- 


BRADLEY’S  MANUAL  OF  STATISTICAL  INFORMATION.  29 


tion  of  the  sum  of dollars,  in  hand  paid,  the  receipt  of  which  is 

hereby  acknowledged,  do.. hereby  grant,  bargain,  sell,  convey,  and  confirm 
unto  said  parr . . of  the  second  part  the  following-described  real  estate  and 
premises  situate  in  the  Muskogee  or  Creek  Nation,  and  within  the  limits  of 
the  Indian  Territory,  to  wit: 


together  with  all  the  improvements  thereon,  and  appurtenances  and  immu- 
nities thereunto  belonging  or  in  any  wise  appertaining  thereto,  and  warrant 
the  title  to  the  same. 

And  I, , wife  of  the 

said  , for  and  in 

consideration  of  the  said  sum  of  money,  do  hereby  release  and  relinquish 
unto  the  said  part . . of  the  second  part  all  my  right  of  dower  and  homestead 
in  and  to  the  said  lands. 

To  have  and  to  hold  the  said  lands  unto  ; he  said  part . . of  the  second 
part, heirs,  executors,  administrators,  successors,  or  assigns  forever. 

In  witness  whereof,  the  said  part. . of  the  first  part  ha. . hereunto  set. . . . 
hand.,  and  seal.,  the  day  and  year  first  above  written. 

Witnesses : 


P.  O 

as  to Seal 

P.  O 


P.  O 

as  to Seal 

P.  O 


P.  O 

as  to Seal 

P.  O 


P.  O 

as  to Seal 

P.  O 

United  States  of  America,  Indian  Territory, 

Western  Judicial  District,  ss: 

Be  it  remembered  that  on  this  day  came  before  me,  the  undersigned. . . . 
, within  and  for  the  western  judicial  district  of  Indian  Territory  afore- 
said, duly  commissioned  and  acting  as  such, 


to  me  personally  well  known  as....  the  part.,  grantor.,  in  the  within  and 
foregoing  deed  of  conveyance,  and  stated  that ..  executed  the  same  for  the 
consideration  and  purposes  therein  mentioned  and  set  forth,  and  I do  hereby 
so  certify. 

And  I further  certify  that  on  this  day  also  voluntarily  appeared  before 

me  the  said wife  of  said , to  me  personally 

well  known  to  he  the  person  whose  name  appears  upon  the  within  and  fore- 
going, and  in  the  absence  of  her  said  husband  declared  that  she  had  of  her 
own  free  will  executed  said  deed,  and  signed  and  sealed  the  relinquishment 


30 


BRADLEY’S  MANUAL  OF  STATISTICAL  INFORMATION. 


or  dower  and  homestead  therein  expressed  for  the  consideration  and  purposes 
therein  contained  and  set  forth  without  compulsion  or  undue  influence  of  her 
said  husband. 

Witness  my  hand  and  seal  as  such ..on  this  day  ol 

190.  .. 


(My  commission  expires ). 

i CERTIFICATE  OF  OFFICER  TAKING  ACKNOWLEDGMENT. 

United  States  of  America,  Indian  Territory, 

Western  Judicial  District,  ss: 

I a , within  and 

for  the  western  judicial  district  of  the  Indian  Territory,  hereby  certify  that. . 

and  witnesses  to  the  attached  deed,  signed  the 

same  in  my  presence  at  the  request  of  the  grantor..;  that  they  are  personal- 
ly well  known  to  me  and  that  I know  of  my  own  knowledge  that  they  are  repu- 
table persons  and  entitled  to  full  faith  and  credit.  I further  certify  that  the 
deed  was  in  my  presence  read  to  the  grantor...,  and  that  the  contents,  pur 
port,  and  effect  of  the  deed  were  fully  explained  to  the  grantor. . by  me, 
and  that.  . approved  and  signed  the  same  in  my  presence  ;that  the  consider- 
ation specified  in  the  deed  is  the  fair  value  of  the  land;  that  the  conveyance 
is  in  every  respect  free  from  fraud  or  deception,  and  that  the  land  described 
in  the  deed  is  no  part  of  the  grantor’s  homestead. 

Witness  my  hand  and  seal  as  such this 

day  of  190 . . 


AFFIDAVIT  OF  WITNESSES. 


United  States  of  America,  Indian  Territory, 

Western  Judicial  District,  ss: 

and , witnesses  to  the  attached  deed* 

being  by  me  first  duly  sworn,  upon  their  oaths  state,  each  for  himself,  that 
said  deed  was  in  their  presence  read  and  fully  explained  to  the  grantor. . * 
that understood  the  nature,  contents,  and  effect  thereof  and  approv- 

ed and  signed  the  same  in  their  presence. 


Subscribed  in  my  presence  and  sworn  to  before  me  this 
day  of .,  190.. 


(My  commission  expires  ) 

GRANTOR’S  AFFIDAVIT. 

United  States  of  America,  Indian  Territory, 

Western  Judicial  District,  ss: 


, grantor . . in  the  deed 

hereto  attached,  being  first  duly  sworn  on  oath,  say...:  That  the  sale  of 

said  described  land  is  bona  fide;  that  there  is  no  contract,  agreement,  or  un- 


BRADLEY’S  MANUAL  OF  STATISTICAL  INFORMATION. 


31 


derstanding,  written  or  verbal,  whereby  the  consideration  money  or  price 
paid  for  the  land,  or  any  portion  thereof,  is  to  be  refunded  to  the  purchaser 
after  the  approval  of  the  deed,  and  that  no  live  stock,  implements,  or  other 
things  of  value  are  to  be  taken  or  exchanged  in  lieu  of  said  consideration 
money,  or  any  portion  thereof;  that  neither  the  grantee,  his  agent,  or  em- 
ployee has  directly  or  indirectly  paid,  loaned,  promised,  or  given  to  me,  cr 
to  anyone  for  me,  any  money  or  other  thing  of  value  as  an  advancement 
on  the  purchase  price  of  the  land,  or  as  a consideration  for  or  inducement  to 
the  sale  of  the  land  and  the  execution  of  the  deed  therefor,  nor  for  any  oth- 
er purpose.  The  grantor,  .also  state.. that  of  said  land acres 

are  m cultivation,  and  that  the  same  is  improved  is  follows : 


the  reasonable  value  of  which  does  not  exceed dollars. 


Subscribed  in  my  presence  and  sworn  to  before  me  this day 

91 190.  . 


(My  commission  expires ) 

GRANTEE’S  AFFIDAVIT. 

United  States  of  America,  Indian  Territory, 

Western  Judicial  District,  ss: 

, grantee . . in  the  deed 

attached  hereto  from 

to make . . oath  and  say . . . 

That  there  is  no  contract,  agreement,  or  understanding,  written  or  verbai, 
whereby  the  consideration,  money,  or  price  paid  for  the  land,  or  any  portion 
thereof,  is  to  be  refunded  to  the  purchaser  after  the  approval  of  the  deed; 
that  no  live  stock,  implements,  articles,  or  other  things  of  value  are  to  be 
exchanged  or  taken  in  lieu  of  said  consideration,  money,  or  purchase  price, 
or  any  portion  thereof,  for  such  land;  and  that  I am  not  a party  to  any  as- 
sociation or  combination  of  persons  to  acquire  said  lands  at  less  than  the!:' 
fair  value,  or  co  prevent  open  and  fair  competition  in  the  purchase  and  sale 
of  lands  within  the  limits  of  the  Indian  Territory;  that  I am  not  directly  or  in- 
directly connected  with  or  interested  in  any  device,  scheme,  or  plan  to  pre- 
vent or  interfere  with  fair  competition  in  the  purchase  of  said  lands  or  to 
secure  them  at  less  than  their  market  value;  and  that  the  contract  under 
which  the  deed  presented  for  approval  was  executed  was  not  procured 
through  or  by  means  of  any  such  device,  scheme,  or  plan;  that  such  contract 
was  not  secured  through  false  representations  to  the  grantor'. . or  by  sup- 
pression of  facts  as  to  the  value  of  the  land  or  as  to  any  other  feature  of  the 

transaction;  and  that  neither  the  grantor. . nor  anyone  acting  for 

or  in  place  ha.  .been  given  or  promised  any  money  or  other 

thing  by  me  or  anyone  with  my  advice,  knowledge,  or  consent,  except  the 

consideration  named  in  the  deed,  to  induce to  agree  to  such  sale  of 

lands;  that  neither  myself,  my  agent,  or  employee  has  directly 

or  indirectly  paid,  loaned,  promised,  or  given  to  the  grantor,  or  to  anyone  for 
him,  any  money  or  other  thing  of  value  as  an  advancement  on  the  purchase 


32 


BRADLEY’S  MANUAL  OF  STATISTICAL  INFORMATION. 


price  or  as  a consideration  tor,  or  inducement  to,  the  sale  of  the  land  and  the 
execution  of  the  deed  thereof,  nor  for  any  oth  >r  purpose. 


Subscribed  in  my  presence  and  sworn  to  be  ore  me  this 
day  of , 190 . . 


(My  commission  expires ) 

CERTIFICATE  OF  OFFICER  WHO  APPRISED  THE  LAND. 

United  States  of  America,  Indian  Territory, 

Western  Judicial  District,  ss: 

I,  .certify  that  I visited,  viewed,  and  appraised  the 

following-described  land,  to  wit:  Sec T 

R , which  has  heretofore  been  allotted  to by  the 

Commission  co  the  Five  Civilized  Tribes.  I find  that  the  same  is  improved 
as  follows : 


which  improvements  do  not  exceed 

in  value dollars.  That  the  land  is  of  the  folic  wing  character 


I further  certify  that  the 

sum  of  dollars,  the  total  appraised  value?  including  the  im 

provements,  is  a fair,  reasonable,  and  just  price  for  said  land,  according  to 
my  best  judgment. 


, 190.. 

I hereby  certify  that , who  is  a person  of  integrity,  is  well 

informed  as  to  the  value  of  lands  in  the  Creek  Nation;  also  that  I believe  that 
the  appraisement  made  by  him  shows  the  true  value  of  the  land. 


, 190.  . 


U.  S.  Indian  Agent. 


Transferable  Only  With  Consent  of  the  Secretary  of  the  Interior. 
AGRICULTURAL  LEASE,  CREEK  NATION,  INDIAN  TERRITORY. 

(Sec.  17,  act  of  June  30,  1902,  32  Stat.,  500). 

[Write  all  names  and  addresses  in  full.] 

This  indenture,  made  and  entered  into,  in  ‘juadruplicate,  on  this 

day  of , A.  D.  19....,  by  and  between 


of  

part.. of  the  first  part,  and 


of  

part. . of  the  second  part,  under  and  in  accordance  with  the  provisions  of 
section  17  of  the  act  of  Congress  approved  June  30,  1902,  and  ratified  by  the 
Muskogee  or  Creek  national  council  on  July  26,  1902,  and  the  rules  and  reg- 
ulations prescribed  by  the  Secretary  of  the  Interior  relative  to  agricultural 


BRADLEY’S  MANUAL  OF  STATISTICAL  INFORMATION. 


33 


leases  in  the  Creek  Nation. 

Witnessetk:  That  the  said  part.,  of  the  first  part,  for  and  in  consider- 

ation of  the  covenant.. of  the  said  part.,  of  the  second  part,  hereinafter  sot 
forth  do . . by  these  presents  lease  to  said  part . . of  the  second  part,  for 
agricultural  purposes  only,  the  following  described  tract  of  land,  lying  ami 
being  within  the  Creek  Nation  and  within  the  Indian  Territory,  to  wit:.... 


of  section of  township , of  range , of  the  Indian 

Meridian,  and  containing acres,  more  or  less,  for  the  full  term  o£ 

years  from  the  date  hereof  And  the  said  part,  .of  the  second 

part,  in  consideration  of  said  premises  as  above  set  forth,  covenant.,  and 
agree.,  with  the  part.,  of  the  first  part  to  pay  the  said  part.,  of  the  first 

part  as  rental  for  the  same  the  sum  of  dollars,  being  at  the 

rate  of dollars  per  acre,  payable  as  follows,  to-wit : 


Said  part,  .oi  the  second  part  further  covenant.,  and  agree.,  that 

will  at own  expense,  within years  from  the  date  of 

the  approval  hereof  by  the  Secretary  of  the  Interior,  inclose  the  leased  prem- 
ises by  a barbed-wire  fence  of  three  strands,  strung  on  posts  set  or  driven 
two  feet  into  the  ground  and  not  more  than  sixteen  and  one-half  feet  apart 
and  of  the  material  usually  used  in  the  Creek  Nation  for  this  purpose;  that 
all  improvements,  such  as  hog  pens,  cattle  corrals,  etc.,  shall  he  constructed 

in  a substanrial  manner  and  of  durable  material,  and  that will 

build  and  erect  other  improvements  on  said  premises  as  follows: 


that will  within years  from  the  date  of  said  approval  plant.... 

acres  of  the  leased  premises  in  fruit  of  the  following  kinds  or  classes: 

(a)  


and  that will  break  out  and  pur  into  a proper  state  of  cultivation  each 

year  acreage  as  follows  : First  year acres  ; second  year 

acres:  third  year acres;  fourth  year,  

acres;  fifth  year acres;  sixth  year,  

acres;  seventh  year acres;  eighth  year,  acres; 

ninth  year,  acres;  tenth  year acres. 

Said  part.,  oi  the  second  part  further  covenant.,  and  agree.,  that..... 

....will,  and  at own  expense,  insure  against  loss  hv  fire  in 

some  reliable  fire  insurance  company,  at  their  reasonable  insurable  value, 
all  buildings  now  on  said  leased  premises  or  that  may  hereafter  be  erected 
thereon  by  or  for  said  part,  .of  the  second  part,  or  by  anyone  holding  under 
said  part.  . of  the  second  part  as  a sublessee,  or  otherwise. 

Said  part.,  of  the  second  part  further  covenant.,  and  agree.,  that  in 
case  any  of  the  buildings  now  on  said  leased  premises,  or  any  of  those  here- 
after erected  thereon  during  the  life  of  this  lease,  under  the  provisions  here- 
of. shall  be  destroyed  by  fire,  will,  immediately  after  such  de- 

struction, erect  thereon  another  building  or  buildings,  as  the  case  may  be, 


34 


BRADLEY’S  MANUAL  OF  STATISTICAL  INFORMATION. 


equally  as  substantial  and  appropriate  for  the  purpose  for  which  used  as  was 
or  were  the  builumg  or  buildings  destroyed  as  aforesaid. 

The  said  part.,  of  the  second  part  further  covenant.,  and  agree.,  that 

at  the  expiration  of  the  time  mentioned  in  this  lease will  surrender 

to  the  said  part.,  of  the  first  part  peaceable  possession  of  the  leased  prem- 
ises in  good  condition,  the  usual  wear  and  unavoidable  accidents  excepted. 

and  that  failure,  neglect  or  refusal  to  pay  the  rental  or  any  part 

thereof,  when  the  same  becomes  due  and  payable,  as  herein  provided,  shall 
work  a forfeiture  of  this  lease,  and  entitle  the  part. . of  the  first  part,  or 
whomsoever  shall  be  lawfully  entitled  to  said  premises,  to  enter  and  take 
possession  of  the  same. 

It  is  understood  and  agreed  by  the  parties  hereto  that  the  use  of  the 
leased  premises  by  said  part,  .of  the  second  part,  or  by  anyone  holering  un- 
der  as  a sublessee,  or  otherwise,  for  any  purpose  not  covered  by  this 

lease,  or  the  failure  b.y  the  part. . of  the  second  part  to  pay  the  rental  when 
the  same  becomes  due,  or  in  case  the  part,  .of  the  second  part  fail,  .neglect  or 
refuse. . to  make  the  improvements  herein  specified  within  the  time  men- 
tioned, such  failure,  neglect,  or  refusal  shall  work  a forfeiture  hereof. 

It  is  further  understood  by  the  parties  hereto  that  the  part.. of  the  sec- 
ond part  will  not  permit  any  nuisance  to  be  maintained  on  the  premises  nor 
allow  any  intoxicating  liquors  to  be  sold  or  given  away  for  any  purpose  or. 
the  leased  premises,  and  failure  to  comply  with  these  cbnditions  shall  work 
a forfeiture  hereof. 

It  is  further  understood  and  agreed  by  the  parties  hereto  that  all  build- 
ings and  improvements  shall  remain  a part  of  said  land  and  become  the  prop- 
erty of  the  owner  of  the  land  as  a part  of  the  consideration  of  this  lease,  in 
addition  to  the  other  considerations  herein  specified. 

It  is  further  understood  and  agreed  by  the  parties  hereto  that  no  sub- 
lease, assignment,  or  transfer  of  this  lease,  or  of  any  interest  therein  or 
thereunder,  can  be  directly  or  indirectly  made  without  the  written  consent 
thereto  of  the  lessor,  .and  the  Secretary  of  the  Interior  first  obtained,  and  that 
any  such  assignment  or  transfer  made  or  attempted  without  such  consent 
shall  be  void. 

The  covenants  herein  contained  shall  extend  to  and  be  binding  upon  the 
heirs,  executors,  administrators,  successors,  and  assigns  of  the  parties  to  this 
lease,  and  this  lease  shall  be  subject  to  all  rules  and  regulations  heretofore 
prescribed  by  the  Secretary  of  the  Interior,  or  which  may  be  hereafter  pre- 
scribed by  bin,'. 

The  part.,  of  the  second  part  hereby  acknowledge to  be 

firmly  bound  for  the  faithful  performance  of  the  stipulations  of  this  inden- 
ture of  lease  by  and  under  the  bond  made  and  executed  by  tne  part.. of  the 
second  part  as  principal . . and 


as  suret....,  entered  into  the day  of  , and  which 

shall  remain  on  file  in  the  Indian  Office  during  the  life  of  this  Jease. 

In  testimony  whereof  the  parties  of  the  first  and  second  parts  have  here- 
unto set  their  hands  and  affixed  their  seals  the  day  and  year  first  above 
written. 

Witnesses;  (a) 


P.  O. 


BRADLEY’S  MANUAL  OF  STATISTICAL  INFORMATION. 


35 


Jr*.  O. 


P.  O. 


P.  O. 


P.  O. 


P.  O 


P.  U 


P.  o. 


P.  o 


P.  o. 


P.  o. 


P.  o. 


as  to 


as  to 


as  to 


as  to 


as  to 


as  to 


Seal 


Seal 


Seal 


Seal 


Seal 


Seal 


(Pub.  Doc.  No.  112.) 

An  Act  to  ratify  and  confirm  an  agreement  with  the  Muskogee  or  Creek  tribe 

of  Indians,  and  for  other  purposes. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  the  agreement  negotiated 
between  the  Commission  to  the  Five  Civilized  Tribes  and  the  Muskogee  or 
Creek  tribe  of  Indians  at  the  city  of  Washington  on  the  eighth  day  of  March, 
nineteen  hundred,  as  herein  amended  is  hereby  accepted,  ratified,  and  con- 
firmed, and  the  same  shall  be  in  full  force  and  effect  when  ratified  by  the  Creek 
national  council.  The  principal  chief,  as  soon  as  practicable  after  the  ratifica- 
tion of  this  agreement  by  Congress,  shall  call  an  extra  session  of  the  Creek 
national  council  and  lay  before  it  this  agreement  and  the  Act  of  Congress 
ratifying  it,  and  if  the  agreement  be  ratified  by  said  council,  as  provided  in  the 
constitution  of  said  nation,  he  shall  transmit  to  the  President  of  the  United 
States  the  act  of  council  ratifying  the  agreement,  and  the  President  of  the 
United  States  shall  thereupon  issue  his  proclamation  declaring  the  same 
duly  ratified,  aud  that  all  the  provisions  of  this  agreement  have  become  law 
according  to  the  terms  thereof;  Provided,  That  such  ratification  by  the  Creek 
national  council  shall  be  made  within  ninety  days  from  the  approval  of  this  Act 
by  the  President  of  the  United  States. 

This  agreement  by  and  between  the  United  States,  entered  into  in  its  be- 
half by  the  Commission  to  the  Five  Civilized  Tribes,  Henry  L.  Dawes,  Tams 
Bixby,  Archibald  S.  McKennon  and  Thomas  B.  Needles,  duly  appointed  and 
authorized  thereunto,  and  the  Muskogee,  or  Creek,  tribe  of  Indians,  in  Indian 
Territory,  entered  into  in  behalf  of  said  tribe  by  Pleasant  Porter,  principle 
chief,  and  George  A.  Alexander,  David  M.  Hodge,  Isparhecher,  Albert  P.  Me- 


36 


BRADLEY’S  MANUAL  OF  STATISTICAL  INFORMATION. 


Kellop  and  Cud  McIntosh,  delegates,  duly  appointed  and  authorized  thereunto. 

Witnesseth,  that  in  consideration  of  the  mutual  undertakings  herein  con- 
tained it  is  agreed  as  follows: 

DEFINITIONS. 

1.  The  wjrd  “Creek”  and  "Muskogee,”  as  used  in  this  agreement,  shall  De 
deemed  synonymous,  and  the  word  “Creek  Nation”  and  “tribe”  shall  each  be* 
deemed  to  refer  to  the  Muskogee  Nation  or  Muskogee  tribe  of  Indians  in  Indian 
Territory.  The  word  “principal  chief”  shall  be  deemed  to  refer  to  the  principal 
chief  of  the  Muskogee  Nation.  The  word  “citizen”  or  “citizens”  shall  be  deem 
ed  to  refer  to  a member  or  members  of  the  Muskogee  tribe  or  nation  of  Indians. 
The  words  “The  Dawes  Commission”  or  “commission”  shall  be  deemed  to  refer 
to  the  United  States  Commission  to  the  Five  Civilized  Tribes. 

GENERAL  ALLOTTMENT  OF  LANDS. 

2.  All  lands  belonging  to  the  Creek  Tribe  of  Indians  in  the  Indian  Terri- 
tory, except  townsites  and  lands  herein  reserved  for  Creek  schools  and  public 
buildings,  shall  be  appraised  at  their  true  value,  excluding  only  lawful  improve- 
ments on  lands  in  actual  cultivation.  The  appraisement  shall  be  made  under 
direction  of  the  Dawes  commission  by  such  number  of  committees,  with  neces- 
sary assistance,  as  may  be  deemed  necessary  to  expedite  the  work,  one  mem- 
ber ol  each  committee  to  be  appointed  by  the  principal  chief,  and  if  the  mem- 
bers of  any  committee  fail  to  agree  as  to  the  value  of  any  tract  of  lard,  the 
value  therof  shall  be  fixed  by  said  commission.  Each  committee  shall  make 
report  of  its  work  to  said  commission,  which  shall  from  time  to  time  prepare  re- 
ports of  same  :.n  d.uplicaate,  and  transmit  them  to  the  Secretary  of  the  Interior, 
for  i is  approval,  and  when  approved,  one  copy  thereof  shall  be  returned  to  the- 
office  of  said  commission  for  its  use  in  making  allotments  as  herein  provided. 

3.  All  lauds  of  said  tribe,  except  as  herein  provided  , shall  be  allotted 

among  the  citizens  of  the  tribe  by  said  commission,  so  as  to  give  an  equal 
share  of  the  whole  in  value,  as  nearly  as  may  be,  in  manner  following:  There 

shall  be  allotted  to  each  citizen  one  hundred  and  sixty  acres  of  land — 
boundaries  to  conform  to  the  government  survey — which  may  be  selected 
by  him  so  as  to  include  improvements  which  belong  to  him.  One  hundred 
and  sivt>  acres  of  land  valued  at  six  dollars  and  fifty  cents  per  acre,  shall 
constitute  the  standard  value  of  an  allotment,  and  shall  be  the  measure  for 
the  equalization  of  values;  and  any  allottee  receiving  lands  of  less  than  such 
standard  value,  may,  at  any  time,  select  other  lands,  which,  at  their  appraised 
value,  are  sufficient  to  make  his  allotment  equal  in  value  to  the  standard 
so  fixed.  If  any  citizen  shall  select  lands  the  appraised  value  of  which  for  any 
reason  is  in  excess  of  the  standard  value,  the  excess  of  value  shall  be  charged 
against  him  in  the  future  distribution  of  the  funds  of  the  tribe  arising  from 
all  sources  wha’ soever,  and  he  shall  not  receive  any  further  distribution 
of  property  or  funds  of  the  tribe  until  all  other  citizens  have  received  lands 
and  money  equal  in  value  to  his  allotment.  If  any  citizen  select  lands  the 
appraised  value  of  which  is  in  excess  of  such  standard  value,  he  may  pay 
the  '-veiplus  in  money  but  if  he  fails  to  do  so,  the  same  shall  be  charged 
against  him  in  the  future  distribution  of  the  funds  of  the  tribe  arising  from 
all  sources  whatsoever,  and  he  shall  not  receive  any  further  distribution  of 
property  or  funds  until  all  other  citizens  shall  have  received  lands  and  funds 
equal  in  value  to  his  allotment;  and  if  there  be  not  sufficient  funds  of  the 
tribe  to  make  the  allotments  of  all  other  citizens  of  the  tribe  equal  in  value 


BRADLEY'S  1L\MU  \ 


O 


STATISTICAL  INFORMATION. 


SAMUEL  B.  MAYES, 

EX-CHIEF  OF  THE  CHEROKEE  NATION. 


38 


BRADLEY’S  MANUAL  OF  STATISTICAL  INFORMATION. 


to  his,  then  the  surplus  shall  be  a lien  upon  the  rents  and  profits  of  his 
allotment  until  paid. 

4.  Allotment  for  any  minor  may  be  selected  by  his  father,  mother,  or 
guardian,  in  the  order  named,  and  shall  not  be  sold  during  his  minority.  All 
guardians  or  curators  appointed  for  minors  and  incompetents  shall  be  citi- 
zens. 

Allotments  may  be  selected  for  prisoners,  convicts  and  aged  and  infirm 
persons  by  their  duly  appointed  agents,  and  for  incompetents  by  guardians, 
curators,  or  suitable  persons  akin  to  them,  but  it  shall  be  the  duty  of  said 
commission  to  see  that  such  selections  are  made  for  the  best  interests  of 
such  pax  t i er,. 

5 If  any  citizen  have  in  his  possession  in  actual  cultivation,  lands  ia 
excess  of  what  he  and  his  wife  and  minor  children  are  entitled  to  take,  he 
shall,  within  ninety  days  after  the  ratification  of  this  agreement  select  there- 
from., allotments  for  himself  and  family  aforesaid,  and  if  he  have  lawtul  im- 
provements upon  such  excess  he  may  dispose  of  the  same  to  any  other  citizen 
who  may,  thereupon,  select  lands  so  as  to  include  such  improvements;  but 
after  the  expiration  of  ninety  days  from  the  ratification  of  this  agreement, 
ary  citizen  may  take  any  lands  not  already  selected  by  another,  but  if  lands 
so  taken  be  in  actual  cultivation,  having  thereon  improvements  belonging 
to  another  citizen,  such  improvements  shall  be  valued  by  the  appraisement 
committee,  and  the  amount  paid  to  the  owner  thereof  by  the  allottee,  and  the 
same  shall  be  a lien  upon  the  rents  and  profits  of  the  land  until  paid.  Pro- 
vided, That  Ihe  owner  of  improvements  may  remove  the  same  if  he  desires. 

All  allotments  made  to  Creek  citizens  by  said  commission  prior  to  the  rat- 
ification of  this  agreement,  as  to  which  there  is  no  contest,  and  whicn  do  not 
include  public  property,  and  are  not  herein  otherwise  affected,  are  confirmed, 
and  the  same  shall,  as  to  the  appraisement  of  all  things  else,  be  governed  by 
the  pu  visUns  of  this  agreement;  and  said  commission  shall  continue  the 
Tv’ork  of  allotment  of  Creek  lands  to  citizens  of  the  tribe  as  heretofore,  con- 
forming to  the  provisions  herein;  and  all  controversies  arising  between  citi- 
zens as  to  iheir  right  to  select  certain  tracts  of  land  shall  be  determined  by 
said  commission. 

7.  Lauds  allotted  to  citizens  hereunder  shall  not  in  any  manner  whatso- 
ever or  at  any  time,  be  incumbered,  taken,  or  sold  to  secure  or  satisfy  any 
debt  or  obligation  contracted  or  incurred  prior  to  the  date  of  the  deed  to  the 
allottee  therefor  of  such  lands,  shall  not  be  alienable  by  the  allottee 
or  Ids  heirs  at  any  time  before  the  expiration  of  five  years  from  the 
ratification  of  this  agreement  except  with  the  approval  of  the  Secretary  of  the 
Interior. 

Each  citizen  shall  select  from  his  allotment,  forty  acres  of  land  as  a 
homestead,  which  shall  be  non-taxable,  and  inalienable  and  free  from  any  in- 
cumbrance whatever  for  twenty-one  years,  for  which  he  shall  have  a separate 
deed,  conditioned  as  above,  Provided,  that  selections  of  homesteads  for  minors, 
prisoners,  convicts,  incompetents,  and  aged  and  infirm  persons  who  cannot 
select  for  themselves,  may  be  made  in  the  manner  herein  provided  for  the 
selection  of  their  allotments;  and  if,  for  any  reason,  such  selection  be  not 
made  for  any  citizen,  it  shall  be  the  duty  of  said  commissioner  to  make  selec- 
tion for  him. 

The  homestead  of  each  citizen  shall  remain,  after  the  death  of  the  allot- 
tee, for  use  and  support  of  children  born  to  him  after  the  ratification  of  this 
agreement,  but  if  he  have  no  such  issue,  then  he  may  dispose  of  his  home- 


BRADLEY’S  MANUAL  OF  STATISTICAL  INFORMATION. 


39> 


stead  by  will,  free  from  limitations  herein  imposed,  and  if  this  be  not  done, 
the  land  shall  descend  to  his  heirs,  according  to  the  laws  of  descent  and  dis- 
tribution of  the  Creek  Nation  free  from  such  limitations. 

8.  The  Secretary  of  the  Interior  shall,  through  the  United  States  Indian 
Agent  in  said  territory,  immediately  after  the  ratification  of  this  agreement, 
put  each  citizen  who  has  made  selection  of  his  allotment  in  unrestricted  pos- 
session of  his  land,  and  remove  therefrom,  all  persons  objectionable  to  him; 
am’  when  any  citizen  shall  thereafter  make  selection  of  his  allotment  as  herein 
provided,  and  receive  certificate  thereior,  he  shall  be  immediately  thereupon 
so  placed  in  possession  of  his  land. 

9.  When  allotment  of  one  hundred  and  sixty  acres  has  been  made  to  eaeh 
citizen  the  residue  of  lands,  not  herein  reserved  or  otherwise  disposed  of, 
and  all  funds  arising  under  this  agreement,  shall  be  used  for  the  purpose  of 
equalizing  allotments,  and  if  the  same  be  insufficient  therefor,  the  deficiency 
sha.'1  be  supplied  out  of  any  other  funds  of  the  tribe,  so  that  the  allotments  of 
all  citizens  may  be  made  equal  in  value,  as  nearly  as  may  be,  in  manner  herein 
provided. 

10.  All  towns  in  the  Creek  Nation  having  a present  population  of  200  or 
more  shall,  and  all  others  may,  be  surveyed,  laid  cut,  and  appraised  under  the 
provisions  of  an  act  of  Congress  entitled  “An  act  making  appropriations  tor 
the  current  and  contingent  expenses  of  the  Indian  Department  and  for  fulfill- 
ing treaty  stipulations  with  various  Indian  tribes  for  the  fiscal  year  ending 
June  20th,  1901,  and  for  other  purposes,”  approved  May  31,  1900,  which  said 
provisions  are  as  follows: 

That  the  Secretary  of  the  Interior  is  hereby  authorized,  under  rules  and 
regulations  to  be  prescribed  by  him,  to  survey,  lay  out  and  plat  into  town  lots,, 
streets,  alleys  and  parks,  the  sites  of  such  towns  and  villages  in  the  Choo- 
taw,  Chickasaw,  Creek  and  Cherokee  Nations,  as  may  at  that  time  have  s 
population  of  two  hundred  or  more,  in  such  manner  as  will  then  best  subserve 
the  then  present  needs  and  the  reasonably  prospective  growth  of  such  towns. 
The  work  of  surveying,  laying  out  and  platting  such  townsites  shall  be  done 
by  competent  surveyors,  who  shall  prepare  five  copies  of  the  plat  of  each  town- 
site  which,  when  the  survey  is  approved  by  the  Secretary  of  the  Interior, 
shall  be  filed  as  follows:  One  in  the  office  of  the  Commissioner  of  Indian 

A flairs,  one  with  the  principal  chief’  of  the  nation,  one  with  the  clerk  of  the 
court  within  the  territorial  jurisdiction  of  which  the  town  is  located,  one 
with  the  Commission  to  Five  Civilized  Tribes,  and  one  with  the  town  author- 
ities, if  there  be  such.  Where  in  his  judgment  the  best  interest  of  the  public 
service  require,  the  Secretary  of  the  Interior  may  secure  the  surveying,  laying 
out  and  platting  of  townsites,  in  any  of  said  nations  by  contract. 

Hereafter  the  work  of  the  respective  townsite  commissions  provided  for 
in  the  agreement  with  the  Choctaw  and  Chickasaw  tribes  ratified  in  section 
29  of  the  act  of  June  28,  1898,  entitled  ”An  act  for  the  protection  of  the  people 
of  Indian  Territory  and  for  other  purposes,”  shall  begin  as  to  any  townsite 
immediately  upon  the  approval  of  the  survey  by  the  Secretary  of  the  Interior 
and  not  before. 

The  Secretary  of  the  Interior  may  in  his  discretion  appoint  a townsite 
commission  consisting  of  three  members  for  each  of  the  Creek  and  Cherokee 
Nations,  at  least  one  of  whom  shall  be  a citizen  of  the  tribe  and  shall  be  ap- 
pointed upon  the  nomination  of  the  principal  chief  of  the  tribe.  Each  eommis' 
sion,  under  the  supervision  of  the  Secretary  of  the  Interior,  shall  appraise  and 
sell  for  the  benefit  of  the  tribe  the  town  lots  in  the  nation  for  which  it  is  ap-- 


40 


BRADLEY’S  MANUAL  OF  STATISTICAL  INFORMATION. 


pointed,  acting  in  conformity  with  the  provisions  of  any  then  existing  act  of 
congress  or  agreement  with  the  tribe  approved  by  congress.  The  agreement 
of  any  two  members  of  the  commission  as  to  the  true  value  of  any  lot  shall 
constitute  a determination  thereof,  subject  to  the  approval  of  the  Secretary 
©f  the  Interior,  and  if  no  two  members  are  able  to  agree,  the  matter  shall  be 
determined  by  such  Secretary. 

Where  in  his  judgment  the  public  interests  will  be  thereby  subserved, 
the  Secretary  of  the  Inferior  may  appoint  in  the  Choctaw,  Chickasaw,  Creek 
or  Cherokee  Nations  a separate  townsite  commission  for  any  town  in  which 
event  as  to  that  town  such  local  commission  may  exercise  the  same  authority 
and  perform  the  same  duties  which  would  otherwise  devolve  upon  the  commis- 
sion for  that  nation.  Every  such  local  commission  shall  be  appointed  in  the 
manner  provided  in  the  act  approved  June  28,  1898,  entitled,  “An  act  for  the 
protection  of  the  people  of  the  Indian  Territory.” 

The  Secretary  of  the  Interior,  where  in  his  judgment  the  public  interests 
will  be  thereby  subserved,  may  permit  the  authorities  of  any  town  in  any  of 
said  nations,  at  the  expense  of  the  town,  to  survey,  lay  out  and  plat  the  site 
thereof,  subject  to  his  supervision  and  approval,  as  in  other  instances. 

As  spon  as  the  plat  of  any  townsite  is  approved,  the  proper  commission 
shall,  with  all  reasonable  dispatch  and  within  a limited  time,  to  be  prescribed 
*»y  the  Secretary  of  the  Interior,  proceed  to  make  the  appraisement  of  the 
lots  and  improvements,  if  any,  thereon,  and  after  the  approval  thereof  by  the 
Secretary  of  the  Interior,  shall,  under  the  supervision  of  such  secretary,  pro- 
ceed to  the  disposition  and  sale  of  the  lots  in  conformity  with  any  then  exist- 
ing act  of  Congress  or  agreement  with  the  tribe  approved  by  Congress,  and  if 
the  proper  commission  shall  not  complete  such  appiaisement  and  sale  within 
the  time  limited  by  the  Secretary  of  the  Interior,  they  shall  receive  no  pay  for 
such  additional  time  as  may  be  taken  by  them  unless  the  Secretary  of  the 
interior  for  good  cause  shown  shall  expressly  direct  otherwise. 

The  Secretary  of  the  Interior  may,  tor  good  cause,  remove  any  member  of 
any  townsite  commission,  tribal  or  local,  in  any  of  said  nations,  and  may  tilt 
the  vacancy  thereby  made  or  any  vacancy  otherwise  occurring  in  like  manner 
as  the  place  was  originally  filled. 

It  shall  nor  be  required  that  the  townsite  limits  established  in  the  course 
©f  the  platting  and  disposing  of  town  lots  and  the  corporation  limits  of  the 
town,  if  incorporated,  shall  be  identical  or  co-extensive,  but  such  townsite 
kimits  and  corporate  limits  shall  be  so  established  as  to  best  subserve  the  then 
present  needs  and  the  reasonably  prospective  growth  of  -the  town,  as  the  same 
shall  appear  at  the  times  when  such  limits  are  respectively  established;  Pro- 
vided further,  That  the  exterior  limits  of  all  townsites  shall  he  designated 
and  fixed  at  th?  earliest  practicable  time  under  rules  and  regulations  pre- 
scribed by  the  Secretary  of  the  Interior. 

Upon  the  recommendation  of  the  Commission  to  the  Five  Civilized  Tribes 
the  Secretary  of  the  Interior  is  hereby  authorized  at  any  time  before  allot- 
ment to  set  aside  and  reserve  from  allotment  any  lands  in  the  Choctaw,  Chick- 
asaw, Creek  or  Cherokee  Nations,  not  exceeding  one  hundred  and  sixty  acres 
m any  one  tract,  at  such  stations  as  are  or  shall  be  established  in  conformi- 
ty v;ith  the  law  on  the  line  of  any  railroad  which  shall  be  constructed  or  be  ia 
process  of  construction  in  or  through  either  of  said  nations  prior  to  the  allot- 
ment of  the  lands  therein,  and  this  irrespective  of  the  population  of  such  town- 
site  at  the  time.  Such  townsite  shall  be  surveyed,  laid  out  and  platted,  ana 
the  lands  therein  disposed  of  for  the  benefit  of  the  tribe  in  the  manner  herein 


BRADLEY'S  MANUAL  OF  STATISTICAL  INFORMATION. 


41 


prescribed  for  otter  townsites;  Provided  further,  That  whenever  any  traet 
of  land  shall  be  set  aside  as  herein  provided  which  is  occupied  by  a member 
of  the  tribe,  such  occupant  shall  be  fully  compensated  for  his  improvement 
thereon  under  such  rules  and  regulations  as  may  be  prescribed  by  the  Sec- 
retary of  the  Interior.  Provided,  that  hereafter  the  Secretary  of  the  Interior 
may,  whenever  the  chief  executive  or  principal  chief  of  said  nation  fails  or 
refuses  to  appoint  a townsite  commissioner  for  any  town  or  to  fill  any  vacancy 
caused  by  the  neglect  or  refusal  of  the  townsite  commissioner  appointed  by 
the  chief  executive  or  principal  chief  of  said  nation  to  qualify  or  act,  in  his 
discretion,  appoint  a commissioner  to  fill  the  vacancy  thus  created. 

11.  Any  person  in  rightful  possession  of  any  town  lot,  having  improve- 
ments thereon,  other  than  temporary  buildings,  fencing  and  tillage,  shall  have 
the  right  to  purchase  such  lot  by  paying  one-half  of  the  appriased  value  there- 
of, but  if  he  shall  fail  within  sixty  days  to  purchase  such  lot  and  make  the 
first  payment  thereon  as  herein  provided,  the  lot  and  improvements  shall  be 
sold  at  public  auction  to  the  highest  bidder,  under  direction  of  the  appraise 
ment  commission,  at  a price  not  less  than  their  appraised  value,  and  the  pur- 
chaser shall  pay  the  purchase  price  to  the  owner  of  the  improvements,  less  the 
appraised  value  of  the  lots. 

! L’.  Any  person  having  the  right  of  occupancy  of  a residence  or  business 
lot  or  both  in  any  town  whether  improved  or  not,  and  owning  no  other  k» 
or  land  therein  shall  have  the  right  to  purchase  such  lot  by  paying  one-half 
of  the  ai  praised  value  thereof. 

13.  Any  person  holding  lands  within  a town  occupied  by  him  as  a home 
also  any  person  who  had  at  the  time  of  the  signing  of  this  agreement  purchasei 
any  lot,  tract  or  parcel  of  land  from  any  person  in  legal  possession  at  the  time 
shall  have  the  right  to  purchase  the  lot  embraced  in  same  by  paying  one-half 
of  the  appraised  value  thereof,  not,  however,  exceeding  four  acres. 

All  town  lets  not  having  thereon  improvements,  other  than  temporary 
buildings,  fencing  and  tillage,  the  sale  or  disposition  of  which  is  not  hereir 
otherwise  specifically  provided  for,  shall  be  sold,  wthin  twelve  months  after 
their  appraisement  under  direction  of  the  Secretary  of  the  Interior,  after  due 
advertisement,  at  public  auction  to  the  highest  bidder  at  not  less  than  their 
appraised  value. 

Any  person  having  the'  right  of  occupancy  of  lands  in  anw  town  which  has 
been  or  may  be  laid  out  into  town  lots,  to  be  sold  at  public  auction  as  above, 
shall  have  the  right  to  purchase  one-fourth  of  all  the  lots,  into  which  suck 
land  may  have  been  divided,  at  two-thirds  their  appraised  value. 

15.  When  the  appraisement  of  any  town  lot  is  made,  upon  which  any  person 
has  improvements  as  aforesaid,  said  appraisement  commission  shall  notify  him 
of  the  amount  of  said  appraisement  and  he  shall,  within  sixty  days  thereafter, 
make  payment  of  ten  per  centum  of  the  amount  due  for  the  lot,  as  herein  pro- 
vided, and  four  months  thereafter,  he  shall  pay  fifteen  per  centum  additional, 
and  the  remainder  of  the  purchase  money  in  three  equal  annual  installments 
without  interest. 

Any  person  who  may  purchase  an  unimproved  lot.  shall  proceed  to  make 
payment  for  same  in  such  time  and  manner  as  herein  provided  for  the  pay 
ment  of  sums  uue  on  improved  lots,  and  if,  in  aDy  case,  any  amount  he  not 
paid,  when  due,  it  shall  thereafter  bear  interest  at  the  rate  of  ten  per  centum 
per  annum  until  paid.  The  purchaser  may,  in  any  case,  at  any  time,  make 
full  payment  for  any  town  lot. 

1-6.  All  town  Sots  purchased  by  citizens  in  accordance  with  the  provisions. 


42 


BRADLEY’S  MANUAL  OF  STATISTICAL  INFORMATION. 


of  this  agreement  shall  be  free  from  incumbrance  by  any  debt  contracted  prior 
to  date  of  his  deed  therefor,  except  for  improvements  thereon. 

17.  No  taxes  shall  be  assessed  by  any  town  government  against  any  town 
lot  remaining  unsold,  but  taxes  may  be  assessed  against  any  town  lot  sold  as 
herein  provided  and  the  same  shall  constitute  a lien  upon  the  interest  of  the 
purchaser  therein  after  any  payment  thereon  has  been  made  by  him,  and  if 
forfeiture  of  any  lot  be  made  all  taxes  assessed  against  such  lot  shall  be  paid 
out  of  any  money  paid  thereon  by  the  purchaser. 

18.  The  surveyors  may  select  and  locate  a cemetery  within  suitable  dis- 

tance from  eacn  town,  to  embrace  such  number  of  acres  as  may  be  deemed 
necessary  for  such  purpose,  and  the  appraisement  commission  shall  appraise 
the  same  at  not  less  than  twenty  dollars  per  acre,  and  the  town  may  purchase 
the  land  by  paying  the  appraised  value  thereof;  and  if  any  citizen  have  im- 
provements thereon,  other  than  fencing  and  tillage,  they  shall  be  appraised  by 
said  commission  and  paid  for  by  the  town.  The  town  authorities  shall  dis- 
pose of  the  lots  in  such  cemetery  at  reasonable  prices,  in  suitable  sizes  for 

burial  purposes  and  the  proceeds  thereof  shall  bo  applied  to  the  general  im- 
provement of  the  property. 

19.  The  United  States  may  pui'chase  in  any  town  in  the  Creek  Nation 

suitable  lands  for  court  houses,  jails  and  other  necessary  public  buildings  for 
its  use  by  paying  the  appraised  value  thereof,  the  same  to  be  selected  under 

the  direction  of  the  department  for  whose  use  such  buildings  are  to  be 

erected;  and  if  any  person  have  improvements  thereon  other  than  temporary 
buildings,  fencing  and  tillage  the  same  shall  be  appraised  and  paid  for  by  the 
United  States. 

20.  Henry  Kendall  College,  Nazareth  Institute  and  Spaulding  Institute 
in  Muskogee,  may  purchase  the  parcels  of  land  occupied  by  them  or  which 
may  have  been  laid  out  for  their  use,  and  so  designated  upon  the  plat  of  said 
town,  at  one-half  their  appraised  value,  upon  conditions  herein  provided;  and 
all  other  schools  and  institutions  of  learning  located  in  incorporated  towns 
in  the  Creek  Nation,  may,  in  like  manner,  purchase  the  lots  or  parcels  of 
land  occupied  by  them. 

21.  All  town  lots  or  parts  of  lots,  not  exceeding  fifty  by  one  hundred  and 
fifty  feet  in  size,  upon  which  church  houses  and  parsonages  have  been  erected, 
and  which  are  occupied  as  such  at  the  time  of  appraisement,  shall  be  prop- 
erly conveyed  lo  the  churches  to  which  such  improvements  belong  gratuit- 
ously, and  if  such  churches  have  other  adjoining  lots  inclosed  actually  neces- 
sary for  their  use,  they  may  purchase  same  by  paying  one-half  the  appraised 
value  thereof. 

22.  The  towns  of  Clarksville,  Coweta,  Gibson  Station  and  Mounds  may 
be  surveyed  and  laid  out  in  town  lots,  and  necessary  streets  and  alleys  and 
platted  as  other  towns,  each  to  embrace  such  amount  of  land  as  may  be  deem- 
de  necessary,  not  exceeding  one  hundred  and  sixty  acres  for  either,  and  in 
manner  not  to  include  nor  interfere  with  the  allotment  of  any  citizen  selected 
prior  to  the  date  of  this  agreement,  which  survey  may  be  made  in  manner 
provided  for  other  towns;  and  the  appraisement  of  the  town  lots  of  said 
towns  may  be  made  by  a committee  appointed  for  either  of  the  other  towns 
hereinbefore  named,  and  the  lots  in  said  towns  may  be  disposed  of  in  like 
manner,  and  on  the  same  condiitions  and  terms  as  those  of  other  towns.  All 
of  such  work  may  be  done  under  the  direction  of  and  subject  to  the  approval 
of  the  Secretary  of  the  Interior. 


BRADLEY’S  MANUAL  OF  STATISTICAL  INFORMATION. 


43 


TITLES. 

23.  Immediately  after  the  ratification  of  this  agreement  by  congress  and 
the  tribe,  the  Secretary  of  the  Interior  shall  furnish  the  principal  chief  with 
blank  deeds  necessary  for  all  conveyances  herein  provided  for,  and  the  prin- 
cipal chief  shall  thereupon  proceed  to  execute,  in  due  form,  and  deliver  to 
each  citizen  who  has  selected,  or  may  hereafter  select,  his  allotment,  which 
is  not  contested,  a deed  conveying  to  him  all  right,  title  and  interest  of  the 
Creek  Nation,  and  of  all  other  citizens,  in  and  to  the  land  embraced  in  his 
allotment  certificate,  and  such  other  land  as  may  have  been  selected  by  him 
for  equalization  of  his  allotment. 

The  principal  chief  shall,  in  like  manner  and  with  like  effect,  execute 
and  deliver  to  proper  parties,  deeds  of  conveyance  in  all  other  cases  herein 
provided  for.  All  lands  or  town  lots  to  be  conveyed  to  any  one  person  shall 
so  far  as  practicable,  be  included  in  one  deed,  and  all  deeds  shall  be  exe- 
cuted free  of  charge. 

All  conveyances  shall  be  approved  by  the  Secretary  of  the  Interior,  which 
shall  serve  as  a relinquishment  to  the  grantee  of  all  right,  title  and  interest 
of  the  United  States  in  and  to  the  land  embraced  in  his  deed. 

Any  allottee  accepting  such  deed  shall  be  deemed  to  assent  to  the  allot- 
ment and  conveyance  of  all  the  lands  of  the  tribe,  as  provided  herein,  and 
as  relinquishment  of  all  his  right,  title  and  interest  in  and  to  the  same, 
except  in  the  proceeds  of  lands  reserved  from  allotment. 

The  acceptance  of  deeds  of  minors  and  incompetents,  by  persons  author- 
ized to  select  their  allotments  for  them,  shall  be  deemed  sufficient, to  bind  such 
minors  and  incompetents  to  allotment  and  conveyance  of  all  other  lands  of 
the  tribe,  as  provided  herein. 

The  transfer  of  the  title  of  the  Creek  tribe  to  individual  allottees  and  to 
other  persons,  as  provided  in  this  agreement  shall  not  inure  to  the  benefit  of 
any  railroad  company,  nor  vest  in  any  railroad  company,  any  right,  title,  or 
interest  in  or  to  any  of  the  lands  in  the  Creek  Nation. 

All  deeds  when  so  executed  and  approved  shall  be  filed  in  the  office  of  the 
Dawes  commission,  and  there  recorded  without  expense  to  the  grantee,  and 
such  record  shall  have  like  effect  as  other  public  records. 

RESERVATIONS. 

24.  The  following  lands  shall  be  reserved  from  the  general  allotment 
herein  provided  for: 

(a)  All  lands  herein  set  apart  for  townsites. 

(b)  All  lands  to  which,  at  the  date  of  the  ratification  of  this  agreement 
any  railroad  company  may,  under  any  treaty  or  act  of  congress,  have  a vested 
right  for  right-of-way,  depots,  station  grounds,  water  stations,  stock  yards  o' 
similar  uses  connected  with  the  maintenance  and  operation  of  the  railroad 

(c)  Forty  acres  for  the  Eufaula  High  School. 

(d)  Forty  acres  for  the  Wealaka  Boarding  School. 

(e)  Forty  acres  for  the  Newyaka  Boarding  School. 

(f)  Forty  acres  for  the  Wetumka  Boarding  School. 

(g)  Forty  acres  for  the  Euchee  Boarding  School. 

(h)  Forty  acres  for  the  Coweta  Boarding  School. 

(i)  Forty  acres  for  the  Creek  Orphan  Home. 

(j)  Forty  acres  for  the  Tallahassee  Colored  Boarding  School. 

(k)  Forty  acres  for  the  Pecan  Creek  Colored  Boarding  School. 

(l)  Forty  acres  for  the  Colored  Creek  Orphan  Home. 


44  BRADLEY’S  MANUAL  OF  STATISTICAL  INFORMATION. 

m)  Ali  lands  selected  for  town  cemeteries,  as  herein  provided. 

(n)  The  lands  occupied  by  the  university  established  by  the  American 
Baptist  Home  Mission  society  and  located  near  the  town  of  Muskogee,  to  the 
amount  of  forty  acres,  which  shall  be  appraised,  excluding  improvements 
thereon,  and  said  university  shall  have  the  right  to  purchase  same  by  paying 
©ne-half  the  appraised  value  thereof,  on  terms  and  conditions  herein  provided. 
Adi  improvements  made  by  said  university  on  lands  ia  excess  of  said  forty 
acres  shall  be  appraised  and  the  value  thereof  be  paid  to  it  by  the  person  to 
whom  such  lands  may  be  allotted. 

(o)  One  acre  each  for  the  six  established  Creek  court  houses,  with  the 
improvements  thereon. 

(p)  One  acre  each  for  all  churches  and  schools  outside  of  towns  now 
regularly  used  as  such. 

All  reservations  under  the  provisions  of  this  agreement,  except  as  other- 
wise provided  herein,  when  not  needed  for  the  purposes  for  which  they  are 
at  present  used,  shall  be  sold  at  public  auction  to  the  highest  bidder,  to  citi- 
zens only,  under  direction  of  the  Secretary  of  the  Interior. 

MUNICIPAL  CORPORATIONS. 

25.  Authority  is  hereby  conferred  upon  municipal  corporations  in  the 
Greek  Nation  with  the  approval  of  the  Secretary  of  the  Interior  to  issue  bonds 
a>»d  borrow  money  thereon  for  sanitary  purposes,  and  for  the  construction  of 
sewers,  lighting  plants,  water  works,  and  school  houses,  subject  to  all  of  the 
provisions  of  laws  of  the  United  States  in  fore©  in  the  organized  territories  of 
*he  United  States  in  reference  to  municipal  indebtedness  and  issuance  of 
bonds  for  public  purposes,  and  said  provisions  of  law  are  hereby  put  in  force 
m said  Nation  and  made  applicable  to  the  cities  ana  towns  therein,  the  same 
as  if  specially  enacted  in  reference  thereto. 

26.  All  claims  of  whatever  nature,  including  the  “Loyal  Creek  Claim" 
under  Article  IV  of  the  Treaty  of  I860,  and  the  “Self  Emigration  Claim”  un- 
der Article  XII,  oi  the  Treaty  of  1832,  which  the  tribe  or  any  individual  there- 
of, may  have  against  the  United  States,  or  any  other  claim  arising  under  the 
Treaty  of  1866,  or  any  claim  which  the  United  States  may  have  against  said 
tribe,  shall  be  submitted  to  the  Senate  of  the  United  States  for  determination; 
and  within  two  years  from  the  ratification  of  this  agreement,  the  Senate  shall 
make  final  determination  thereof;  and  in  the  event  that  any  sums  are  award- 
ed the  said  tribe,  or  any  citizen  thereof,  provisions  shall  be  made  for  the  im- 
mediate payment  of  the  same. 

Of  these  claims  the  “Loyal  Creek  Claims,”  for  what  they  suffered  because 
of  their  loyalty  to  the  United  States  government  during  the  Civil  War,  long 
delayed,  is  so  urgent  in  its  character  that  the  parties  to  the  agreement  ex- 
press the  hope  that  it  may  receive  consideration  and  be  determined  at  the 
earliest  practical  moment. 

Any  other  claim  which  the  Creek  Nation  may  have  against  the  United 
States  may  be  prosecuted  in  the  Court  of  Claims  of  the  United  States,  with 
right  of  appeal  to  the  Supreme  Court,  and  jurisdiction  to  fry  and  determine 
"such  claim  is  hereby  conferred  upon  said  courts. 

FUNDS  OF  THE  TRIBE. 

27.  All  treaty  funds  of  the  tribe  shall  hereafter  be  capitalized  for  the 
purpose  of  equalizing  allotments,  and  for  other  purposes  provided  in  this 
agreement. 


BRADLEY’S  MANUAL  OF  STATISTICAL  INFORMATION.  46 

ROLLS  OF  CITIZENSHIP. 

28.  No  person,  except  as  herein  provided,  shall  be  added  to  the  rolls  of 
-citizenship  of  said  tribe  after  the  date  of  this  agreement,  and  no  person  whom- 
soever, shall  be  added  to  said  rolls  after  the  ratification  of  this  agreement. 

All  citizens  who  were  living  on  the  first  day  of  April,  eighteen  hundred 
and  ninety-nine,  entitled  to  be  enrolled  under  section  twenty-one  of  the  act 
of  congress,  approved  June  twenty-eighth,  eighteen  hundred  and  ninety-eight, 
entitled  “An  Act  for  the  protection  of  the  people  of  the  Indian  Territory,  ana 
for  other  purposes,"  shall  be  placed  upon  the  rolls  to  be  made  by  said  eommis 
sion  under  said  act  of  congress,  and  if  any  such  citizen  has  died  since  that 
time,  or  may  hereafter  die,  before  receiving  his  allotment  of  lards  and  distrib- 
utive share  of  all  the  funds  of  the  tribe,  the  lands  and  money  to  which  he 
would  be  entitled,  if  living,  shall  descend  to  his  heirs  according  to  the  laws 
-of  descent  and  distribution  of  the  Creek  Nation,  and  be  allotted  and  distribut- 
ed to  them  accordingly. 

All  children  born  to  citizens  so  entitled  to  enrollment  up  to  and  includ- 
ing the  first  day  of  July,  1900,  and  then  living,  shall  be  placed  on  the  rolls 
made  by  said  commission,  and  if  any  such  child  die  after  said  date,  the  lands 
and  moneys  to  which  it  would  be  entitled,  if  living,  shall  descend  to  its  heirs 
according  to  the  laws  of  descent  and  distribution  cf  the  Creek  Nation,  and  be 
allotted  and  distributed  to  them  accordingly. 

The  rolls  so  made  by  said  commission,  when  approved  by  the  Secretary 
of  the  Interior,  shall  be  the  final  roll  of  citizenship  of  said  tribe,  upon  which 
the  allotment  of  all  lands  and  the  distribution  of  all  moneys  and  other  proper- 
ty of  the  tribe  shall  be  made,  and  no  other  persons. 

CLAIMS. 

29.  Said  commission  shall  be  authorized  to  enroll  as  Creek  citizens,  cer- 
tain fullblood  Creek  Indians  now  residing  in  the  Cherokee  Nation,  and  also 
■certain  fullblood  Creek  Indians  now  residing  in  the  Creek  Nation,  who  have 
recently  removed  there  from  the  state  of  Texas,  and  the  families  of  fullblood 
•Creeks  who  now  reside  in  Texas,  and  such  other  recognized  citizens  found  on 
the  Creek  rolls  as  might,  by  reason  of  non-residence,  be  excluded  from  enroll- 
ment by  section  twenty-one  of  said  act  of  congress,  approved  June  twenty 
eighth,  eighteen  hundred  and  ninety-eight,  provided,  that  such  non-residents 
shall  in  good  faith  remove  to  the  Creek  Nation  before  said  commission  $haJi 
complete  the  rolls  of  the  Creek  citizens  as  aforesaid. 

MISCELLANEOUS. 

30.  All  deferred  payments,  under  provisions  of  this  agreement,  shall 
constitute  a lien  in  favor  of  the  tribe  cn  the  property  for  which  the  debt  was 
contracted,  and  if,  at  the  expiration  of  two  years  from  the  date  of  payment  of 
the  fifteen  per  centum  aforesaid,  default  in  any  annual  payment  has  been 
made,  the  lien  fcr  the  payment  of  all  purchase  money  remaining  unpaid  may 
De  enforced  in  the  United  States  court  within  the  jurisdiction  of  which  the 
town  is  located,  in  the  same  manner  as  vendor’s  liens  are  enforced;  such  suit 
being  brought  in  the  name  of  the  Principal  Chief  for  the  benefit  of  the  tribe 

31.  All  moneys  to  be  paid  to  the  tribe  under  the  provisions  of  this  agree 
ment,  shall  be  paid,  under  direction  of  the  Secretary  of  the  Interior,  into  the 
Treasury  of  the  United  States,  to  the  credit  of  the  tribe  and  an  itemized  re 
port  thereof  shall  be  made  monthly  to  the  Secretary  of  the  Interior  and  to  the 
Principal  Chief. 


46 


BRADLEY’S  MANUAL  OF  STATISTICAL  INFORMATION. 


32.  All  funds  of  the  tribe,  and  all  moneys  accruing  under  the  provisions  of 
this  agreement,  when  needed  for  the  purpose  of  equalizing  allotments,  or  for 
any  other  purposes  herein  prescribed,  shall  be  paid  out  under  the  direction  of 
the  Secretary  of  the  Interior,  and  when  required  for  per  capita  payments,  if 
any  shall  be  paid  out  directly  to  each  individual  by  a bonded  officer  of  the 
United  States  under  direction  of  the  Secretary  of  the  Interior,  without  un- 
necessary delay. 

33.  No  funds  belonging  to  said  tribe  shall  hereafter  be  used  or  paid  out 
for  any  purposes  by  any  officer  of  the  United  States  without  consent  of  the 
tribe,  expressly  given  through  its  National  Council,  except  as  herein  provided 

34.  The  United  States  shall  pay  all  expenses  incident  to  the  survey, 
plating  and  disposition  of  town  lots,  and  of  allotment  of  lands  made  under  the 
provisions  of  this  agreement,  except  where  the  town  authorities  have  been  or 
may  be  duly  authorized  to  survey  and  plat  their  respective  towns  at  the  ex- 
pense of  such  town. 

35.  Parents  shall  be  the  natural  guardians  of  their  children,  ana  shall 
act  for  them  as  such  unless  a guardian  shall  have  been  appointed  by  a court 
having  jurisdiction;  and  parents  so  acting  shall  not  be  required  to  give  bond 
as  guardians  unless  by  order  of  such  court;  but  they  and  all  other  persons 
having  charge  of  lands,  moneys  and  other  property  belonging  to  minors  and 
other  incompetents,  shall  be  required  to  malre  proper  accounting  therefor  in 
the  court  having  jurisdiction  therof,  in  manner  deemed  necessary  for  the  pre- 
servation of  such  estates. 

36.  All  Seminole  citizens  who  have  heretofore  settled  and  made  homes 
upon  lands  belonging  to  the  Creeks,  may  there  take,  for  themselves  and  their 
families,  such  allotments  as  the  would  be  entitled  to  take  of  Seminole  lands; 
and  all  Creek  citizens  who  have  heretofore  settled  and  made  homes  upon 
land  belonging  to  the  Seminoles,  may  there  take  for  themselves  and  their  fam- 
ilies, allotments  of  one  hundred  and  sixty  acres  each;  and  if  the  citizens  of 
one  tribe  thus  receive  a greater  number  of  acres  than  the  citizens  of  another, 
the  excess  shall  be  paid  for  by  such  tribe,  at  a price  to  be  agreed  upon  by 
the  Principle  Chiefs  of  the  two  tribes,  and  if  they  fail  to  agree,  the  price  shall 
be  fixed  by  the  Indian  Agent;  but  the  citizenship  of  such  persons  so  taking 
allotments  shall  in  no  wise  be  affected  therby. 

Titles  shall  be  conveyed  to  Seminoles  selecting  allotments  of  Creek  lands 
in  manner  herein  provided  for  conveyance  of  Creek  allotments,  and  titles 
shall  be  conveyed  to  Creeks  selecting  allotments  of  Seminole  lands  in  manner 
provided  in  the  Seminole  agreement,  dated  December  sixteen,  eighteen  hun- 
dred and  ninety-seven,  for  conveyance  of  Seminole  allotments;  provided,  that 
deeds  shall  be  executed  to  allottees  immediately  after  selection  of  allotment  is 
made. 

This  provision  shall  not  take  effect  until  after  it  shall  have  been  separately 
and  specifically  approved  by  Ihe  Creek  National  Counc’l  and  by  the  Sem- 
inole General  Council,  and  if  not  approved  by  either,  it  shall  fail  altogether, 
and  be  eliminated  from  this  agreement  without  impairing  any  of  its  other 
provisions. 

37.  Creek  citizens  may  rent,  their  allotments  when  selected,  for  a term 
not  exceeding  one  year  and  after  receiving  title  thereto  without  restric- 
tions, if  adjoining  allottees  are  not  injured  thereby,  and  cattle  grazed  thereon 
shall  not  he  haoie  te  any  tribal  tax;  but  when  ^attle  are  introduced  into  the 
Creek  nation,  and  grazed  on  lands  not  selected  by  citizens,  the  Secretary  o 
the  interior  is  authorized  to  collect  from  the  owners  thereof,  a reasonable 


BRADLEY’S  MANUAL  OF  STATISTICAL  INFORMATION. 


47 


SEQUOYAH,  Inventor  of  the  Cherokee  Alphabet,  and  his  Home. 


48 


BRADLEY’S  MANUAL  OF  STATISTICAL  INFORMATION. 


grazing  tax  for  the  benefit  of  the  tribe;  and  section  twenty-one  hundred  and 
seventeen.  Revised  Statutes  of  the  United  States,  shall  not  hereafter  apply 
to  Creek  lands. 

38.  After  any  citizen  has  selected  his  allotment,  he  may  dispose  of  any 
timber  thereon,  but  if  he  disposes  of  such  timber,  or  any  part  of  same,  he 
shall  not  thereafter  select  other  lands  in  lieu  thereof;  and  his  allotment  shall 
be  appraised  as  if  in  condition  when  selected. 

Mo  timber  shali  be  taken  from  lands  not  selected,  and  disposed  of,  without 
payment  of  reasonable  royalty  thereon,  under  contract  to  be  prescribed  by 
the  Secretary  of  the  Interior. 

29.  Ni  non-citizen  renting  lands  from  a citizen  for  agricultural  purposes,, 
as  provide  * by  law,  whether  such  lands  have  been  selected  as  an  allotment  or 
not,  shall  be  required  to  pay  any  permit  tax. 

40.  The  Creek  scluol  fund  shall  be  used  under  direction  of  the  Secretary 
of  the  Interior  for  the  education  of  Creek  citizens,  and  the  Creek  schools 
shall  be  conducted  under  rules  and  regulations  prescribed  by  him  under  direct 
supervision  of  the  Cr  eek  School  Superintendent  and  a Supervisor  appointed 
by  the  Secretary,  and  tinder  Creek  laws,  subject  to  such  modifications  as  the 
Secretary  of  the  interior  may  deem  necessary  to  make  the  schools  most 
effective,  and  to  produce  the  best  possible  results. 

All  teachers  shall  be  examined  by  or  under  the  direction  of  said  Super- 
intendent and  Supervisor,  and  competent  teachers  and  other  persons  to  be  en- 
gaged in  and  about  Ihe  schools,  with  good  moral  characters,  only,  shall  be 
employed;  but,  \vhere  all  qualifications  are  equal,  preference  shall  be  given  to 
citizens  in  such  employment. 

All  moneys  for  running  the  schools  shall  be  appropriated  by  the  Creek 
National  Council,  not  exceeding  the  amount  of  the  Creek  School  Fund — Sev- 
enty-six thousand  four  hundred  and  sixty-eight  dollars  and  forty  cents — but 
if  it  fail  or  refuse  to  make  the  necessary  appropriation,  the  Secretary  of  the 
Interior  may  direct  the  use  of  a sufficient  amount  of  the  school  fund  to  paj 
all  expenses  necessary  to  the  efficient  conduct  of  the  schools,  strict  account 
thereof  to  be  rendered  to  him  and  to  the  Principal  Chief. 

All  accounts  for  expenditures  in  running  the  schools  shall  be  examined 
and  approved  by  said  Superintendent  and  Supervisor,  and  also  by  the  General 
Superintendent  of  Indian  Schools,  in  Indian  Territory,  before  payment  thereof 
is  made. 

If  the  Superintendent  and  Supervisor  fail  to  agree  upon  any  matter  under 
iheir  direction  or  control,  it  shall  be  decided  by  said  General  Superintendent, 
nubject  to  apical  to  the  Secretary  of  the  Interior,  but  his  decision  shall  govern 
until  reversed  by  the  Secretary. 

11.  The  provision  of  section  thirteen  of  the  Act  of  congress  approved  June- 
twenty-eight,  eighteen  hundred  and  ninety-eight,  entitled,  “An  act  for  the  pro- 
tection of  the  peo;  Je  of  the  Indian  Territory  and  for  other  purposes,”  shall 
not  apply  to,  or  in  any  manner  affect,  the  lands  or  other  property  of  the  tribe, 
or  be  in  force  in  the  Creek  Nation  and  no  act  of  congress  or  treaty  provision 
inconsistent  with  this  agreement,  shall  be  in  force  in  said  nation,  except  sec- 
tion fourteen  of  said  last  mentioned  act,  which  shall  continue  in  force  as  if  this 
agreement  had  not  been  made. 

42.  No  act  or  ordinance,  or  resolution  of  the  National  Council  of  the 
Creek  Nation,  in  any  manner  affecting  the  lands  of  the  tribe,  or  of  individuals 
after  allotment,  or  the  moneys  or  other  other  property  of  the  tribe,  or  of  the 
citizens  there,)!' — except  appropriations  for  the  regular  and  necessary  incidental 


BRADLEY’S  MANUAL  OF  STATISTICAL  INFORMATION. 


4S 


and  salaried  expenses  of  the  Creek  government  as  herein  limited  shall  be  of 
any  validity  until  approved  by  the, President  of  the  United  States.  When  any 
such  act,  ordinance  or  resolution  shall  be  passed  by  said  council,  and  approved 
by  the  Principal  Chief,  a true  and  correct  copy  thereof,  duly  certified,  shall 
be  immediately  transmitted  to  the  President  who  shall  within  thiity  days  after 
received  by  him,  approve  or  disapprove  the  same.  If  disapproved,  it  shall  he 
so  endorsed  and  re  urned  to  the  Principal  Chief  ; if  approved  the  approval 
shall  be  endorsed  thereon,  and  it  shall  be  published  in  at  least  two  newspapers 
having  a bona  Rdn  circulation  in  the  Creek  Nation. 

43.  The  United  States  agrees  to  maintain  strict  laws  in  said  Nation 
against  the  introducUon,  sale,  barter,  or  giving  away,  of  liquors  or  intoxicants 
of  any  kind  whatsoever. 

44.  This  agreement  shall  in  no  wise  affect  the  provisions  of  existing 
treaties  between  the  United  States  and  said  tribe,  except  so  far  as  incon- 
sistent therewith. 

45.  Allthings  necessary  to  carrying  into  effect  the  provisions  of  this 
agreement,  not  ou.<  rwise  herein  specifically  provided  for,  shall  be  done  under 
authority  and  direction  of  the  Secretary  of  the  Interior. 

4(5.  The  tubal  government  of  the  Creek  Nation  shall  not  continue  longer 
than  March  fourth.'  nineteen  hundred  and  six,  subject  to  such  further  legis- 
lation as  congress  may  deem  proper. 

47.  Nothing  contained  in  this  agreement  shall  be  construed  to  revive  or 
re-establish  the  Creek  courts  which  have  been  abolished  by  former  acts  of 
congress. 

Transferable  only  with  the  consent  of  the  Secretary  of  the  Interior. 

GRAZING  LEASE,  CREEK  NATION.  INDIAN  TERRITORY. 

• i Sec.  17,  Act  of  June  30,  1902,  32  Stat.,  500.) 

[Write  all  names  and  addresses  in  full.] 

This  indenture  made  and  entered  into,  in  quadruplicate,  on  this  

day  of , A.  D.  190...,  by  and  between 

of 


part . . of  the  first  part,  and 


of 

part. . of  the  second  part,  under  and  in  accordance  with  the  provisions  of 
section  17  of  the  act  of  Congress  approved  June  30,  1902,  and  ratified  by  the 
Muskogee  or  Creek  National  Council  on  July  26,  1902,  and  the  rules  and  reg- 
ulations prescribed  by  the  Secretary  of  the  Interior  relative  to  grazing  leases 
in  the  Creek  Nation,  Indian  Territory. 

Witnesseth:  That  said  part. . of  the  first  part,  for  and  in  consideration  of 

the  covenant. . of  the  part. . of  the  second  part,  hereinafter  set  forth,  do. . by 
these  presents  lease  to  said  part. . of  the  second  part,  for  grazing  purposes 


56  BRADLEY’S  MANUAL  OF  STATISTICAL  INFORMATION. 

only,  the  following  described  tract  of  land  lying  and  being  within  the  limits 
•of  the  Creek  Nation  and  within  the  Indian  Territory,  to  wit: 


of  section  , of  township  , of  range , of  the  In- 
dian Meridian,  and  containing acres,  more  or  less,  for  the  full  term 

of years  from  date  hereof,  and  the  said  part.,  of  the  second  part, 

in  consideration  of  said  premises,  as  above  set  forth,  covenant.,  and  agree., 
with  the  part. . of  the  first  part  to  pay  said  part.,  of  the  first  part  as  rental 

for  the  same,  the  sum  of dollars,  being  at  the  rate  of 

dollars  per  acre,  payable  as  follows,  to  wit : 


Said  part . . cf  the  second  part  further  covenant . . and  agree . . that 

will  at own  expense,  within  years  from  the  date 

of  the  approval  hereof  by  the  Secretary  of  the  Interior,  inclose  the  leased  prem' 
ises  by  a barbed  wire  fence  of  three  strands,  strung  on  posts  set  or  driven  two 
feet  into  the  ground  not  more  than  sixteen  and  one-half  feet  apart,  and  of  the 
material  usually  used  in  the  Creek  Nation  for  this  purpose;  that  all  improve- 
ments made,  such  as  hogpens,  cattle  corrals,  etc.,  shall  be  constructed  in  a 

substantial  manner  and  of  durable  material,  and  that  will  erect 

and  build  other  improvements  on  said  leased  premises  as  follows:  


Said  part.,  of  the  second  part  further  covenant.,  and  agree.,  that  at 

the  expiration  of  the  time  mentioned  in  this  lease  will  surrender 

to  said  part. . of  the  first  part  peaceable  possession  of  the  leased  premises  in 
good  condition,  the  usual  wear  and  unavoidable  accidents  excepted,  and  that 
failure,  negleci,  or  refusal  to  pay  the  rental,  or  any  part  thereof,  when  the 
same  becomes  due  and  payable,  as  herein  provided,  shall  work  a forfeiture  of 
this  lease  and  entitle  the  part.,  of  the  first  part,  or  whomsoever  shall  be  law- 
fully entitled  to  said  premises,  to  enter  and  take  possession  of  the  same. 

Said  part. . of  the  second  part  further  covenant. . and  agree. . that 

. . . .will  comply  with  all  the  quarantine  laws  or  customs  in  force  in  the  Creek 
Nation,  Indian  Territory,  as  to  excluding  diseased  or  infected  cattle  or  other 
animals  from  the  premises,  and  that  will  comply  with  such  regu- 

lations as  may  be  adopted  by  the  Secretary  of  the  Interior  in  the  matter  that 

will  comply  with  all  the  regulations  at  any  time  adopted  by  the 

Secretary  to  prevent  other  allotments  of  individual  Indians  or  tribal  lands 

from  damage  or  interference  by 

cattle  or  other  animals,  and  will  not  in  any  manner  intrude  on  other  Indian 
allotments. 

It  is  understood  and  agreed  by  the  parties  hereto  that  the  use  of  the  leased 

premises  by  said  part. . of  the  second  part,  or  by  anyone  holding  under 

as  a suolessee,  or  otherwise,  for  any  purpose  not  covered  by  this  lease, 

or  the  failure  by  the  part. . of  the  second  part  to  pay  the  rental  when  the 
same  becomes  due,  or  in  case  the  part.,  of  the  second  part  fail..,  neglect.., 
or  refuse.,  to  make  the  improvements  herein  specified  within  the  time  men- 
tioned. such  failure,  neglect,  or  refusal  shall  work  a forfeiture  hereof. 

It  is  further  understood  and  agreed  by  the  parties  hereto  that  the  part., 
of  the  second  part  will  not  permit  any  nuisance  to  be  maintained  on  the  prems- 
ises  nor  allow  any  intoxicating  liquors  to  be  sold  or  given  away  for  any  pur- 
pose on  the  leased  premises,  and  failure  to  comply  with  these  conditions  will 


BRADLEY’S  MANUAL  OF  STATISTICAL  INFORMATION. 


51 


work  a forfeiture  of  the  lease. 

It  is  further  understood  and  agreed  by  the  parties  hereto  that  all  buildings 
and  improvements  shall  remain  a part  of  said  land  and  become  the  property 
of  the  owner  of  the  land  as  a part  of  the  consideration  of  this  lease  in  addi 
tion  to  the  other  considerations  herein  specified. 

It  is  further  understood  and  agreed  by  the  parties  hereto  that  no  sub- 
lease, assignment  or  transfer  of  this  lease,  or  of  any  interest  therein  or  there 
under,  can  be,  directly  or  indirectly,  made  without  the  written  consent  thereto 
of  the  lessor. . and  the  Secretary  of  the  Interior  first  obtained,  and  that  any 
such  assignment  or  transfer  made  or  attempted  without  such  consent  shall  be 
void. 

The  covenants  herein  contained  shall  extend  to  and  be  binding  upon  the 
heirs,  executors,  administrators,  successors,  and  assigns  of  the  parties  to  this 
laese,  and  this  lease  shall  be  subject  to  all  rules  and  regulations  prescribed  by 
the  secretary  of  the  Interior,  or  which  may  be  hereafter  prescrived  by  mm. 

The  part. . of  the  second  part  hereby  acknowledge  to  be 

firmly  bound  for  the  faithful  performance  of  the  stipulations  of  this  indenture 
of  lease  by  and  under  the  bond  made  and  executed  by  the  part. . of  the  second 
part  as  principal.,  and 


as  suret. .,  entered  into  the day  of , and  which  shall 

remain  on  file  in  the  Indian  Office  during  the  life  of  this  lease. 

In  testimony  whereof  the  parties  of  the  first  and  second  parts  herein  have 
set  their  hands  and  affixed  their  seals  the  day  and  year  first  above  written. 
Witnesses:  (a) 


F.  O as  to LSEAL.] 


P.  O 


P.  O as  to LSEAL.] 


P.  O 


P.  O as  to LSEAL.] 


P.  O 


p.  O as  to LSEAL.] 


P.  O 


(a)  Two  witnesses  to  all  signatures. 


APPLICATION  FOR LEASE. 


To  the  Secretary  of  the  Interior: 


, desiring  to 

avail of  the  provisions  of  section  seventeen  of  the  act  of  June  30, 

1902,  (32  Stat.,  500),  hereby  makes  application  to  have  approved  the  accom- 
panying lease  for  the  purpose  of , covering  the  following  rract  of 

land,  viz:  


52 


BRADLEY’S  MANUAL  OF  STATISTICAL  INFORMATION. 


sec , in  township  of  range , in  the Nation,  con- 
taining   acres,  more  or  less,  the  attached  map  showing  the  amount  of 

land  of  each  legal  subdivision  supposed  to  be  underlaid  with  and 

the  quantity  that  can  probably  he  mined;  and solemnly 

that  this  application  is  made  in  good  faith  and  with  no  other  object  than  that 
of 


Sworn  to  and  subscribed  before  me  this day  of , 190.. 


Washington,  D.  C , 190.. 

Approved : 


Secretary. 

Transferable  only  with  the  consent  of  the  Secretary  of  the  Interior. 

COAL  AND  ASPHALT  MINING  LEASE,  CREEK  NATION,  INDIAN 

TERRITORY. 

(Sec.  17,  act  of  June  30,  1902,  32  Stat.,  500.) 

[Write  all  names  and  addresses  in  full.] 

This  indenture  of  lease  made  and  entered  into,  in  quadruplicate,  on  this 

day  of , A.  D.  190 . . , by  and  between 

of 

part. . of  the  first  part,  and  : 


of  

part . . of  the  second  part,  under  and  in  pursuance  of  the  provisions  of  section 
17  of  the  act  ot  congress  approved  June  30,  1902,  and  ratified  by  the  Muskogee 
or  Creek  national  council  on  July  26,  1902,  and  the  rules  and  regulations  pre- 
scribed by  the  Secretary  of  the  Interior  relative  to  mining  leases  in  the  Creek 
Nation. 

Witnessetn.  That  the  part.,  of  the  first  part,  for  and  in  consideration 
pf  the  royalties,  covenants,  stipulations,  and  conditions  hereinafter  contained 
and  hereby  agreed  to  be  paid,  observed,  and  performed  by  the  part. . of  the  sec- 
ond part,  heirs,  executors,  administrators,  successors,  or  assigns, 

ao  hereby  demise,  grant,  and  let  unto  the  part. . of  the  second  part, 

heirs,  executors,  administrators,  successors,  or  assigns  the  following-described 
tract  of  land  lying  and  being  within  the  Creek  Nation  and  within  the  Indian 
Territory,  to  wit:  


of  section , of  township  , of  range  , of  the  *n- 

dian  Meridian,  and  containing acres,  more  or  less,  for  the  full  term 

of years  from  the  date  hereof,  for  the  sole  purpose  of  prospecting 

for  and  mining  coal  and  asphalt;  the  part.,  of  the  second  part  to  occupy  so 
much  only  of  the  surface  of  said  land  as  may  be  reasonably  necessary  to  carry 
on  the  work  of  prospecting  for,  mining,  storing,  and  removing  such  coal  and 
asp> ’.Sit. 


BRADLEY'S  MANUAL  OF  STATISTICAL  INFORMATION. 


53 


In  consideration  of  the  premises  the  part. . of  the  second  part  hereby 
mgree. . and  bind  ......... ., , heirs,  executors,  administrators,  succes- 

sors, or  assigns  tc  pay,  or  cause  to  be  paid,  to  the  part. . of  the  first  part  as 
royalties  the  sums  of  money  as  follows,  to  wit: 

On  asphaitum  the  sum  of  ten  cents  per  ton  for  each  and  every  ton  of  crude 
asphalt  produced,  weighing  2.000  pounds,  or  the  sum  of  sixty  cents  per  ton  ou 
refined  asphalt.  On  the  production  coal  mined  under  this  lease  the  sum  of 
eight  cents  per  ton  of  2,000  pounds  on  mine  run,  or  coal  as  it  is  taken  from  the 
mines,  including  what  is  commonly  called  “slack.” 

And  the  part. . of  the  second  part  further  agree. . and  bind , , 

heirs,  executors,  administrators,  successors,  or  assigns,  to  pay,  or 

cause  to  be  paid  to  the  lessor. .,  as  advanced  annual  royalty  on  this  lease,  the 
sums  of  money  as  follows,  to  wit:  Fifteen  cents  per  acre  per  annum,  in  ad- 
vance, for  the  first  and  second  year,  thirty  cents  per  annum  per  acre  in  ad- 
vance for  the  third  anl  fourth  year  and  seventy-five  cents  per  acre  per  annum 
for  the  fifth  and  each  succeeding  year  thereafter  of  the  term  for  which 
this  lease  is  to  run;  it  being  understood  and  agreed  that  said  sums  of  money 
so  paid  shall  be  a credit  on  the  stipulated  royalties  should  the  same  exceed  such 

sums  paid  as  advanced  royalty,  and  further,  that  should  the  part of  the 

second  part  neglect  or  refuse  to  pay  ^uch  advanced  annual  royalty  for  the 
second  part  neglect  or  refuse  to  pay  such  advanced  annual  royalty  for  the 
period  of  sixty  cays  after  the  same  becomes  due  and  payable,  then  this  lease 
shall,  at  the  option  of  the  lessor. .,  be  null  and  void,  and  all  royalties  paid  in 
advance  shall  become  the  money  and  property  of  the  lessor. . 

All  royalty  accruing  for  any  month  shall  be  due  and  payable  on  or  before 
the  twenty-fifth  day  of  the  month  succeeding. 

It  is  agreed  by  the  parties  hereto  that  the  land  described  herein  shall  not 
be  held  by  the  part. . of  the  second  part  for  speculative  purposes,  but  in  good 
faith  for  mining  the  minerals  specified;  and  a failure  for  one  year  by  the  part. . 
©f  the  second  part  to  do  a reasonable  amount  of  development  work  or  of  min- 
ing shall  be  held  as  a want  of  compliance  with  the  purposes  of  this  lease  and 
shall  render  it  null  and  void. 

The  part.  . of  the  second  part further  agree. . and  bind  

, heirs,  executors,  administrators,  successors,  or  assigns,  to  pay, 

©r  cause  to  be  paid,  to  the  part. . of  the  first  part  the  royalty  as  it  becomes  due. 

The  part. . of  the  second  part  further  covenant. . and  agree. . to  exercise 
diligence  in  the  conduct  of  the  prospecting  and  mining  operations 


and  to  open  mines  and  operate  the  same  in  a workmanlike  manner  and  to  the 
fullest  possible  extent  on  the  leased  premises;  to  commit  no  waste  upon  the 
said  premises  or  upon  the  mines  that  may  be  thereon  and  to  suffer  no  waste  to 
be  committed  thereon;  to  take  good  care  of  the  same  and  to  surrender  and 
return  the  premises  at  the  expiration  of  this  lease  to  the  part.  . of  the  first 
part,  or  to  whomsoever  shall  be  lawfully  entitled  thereto,  in  as  good  condition 
as  when  received,  ordinary  wear  and  tear  in  the  proper  use  of  the  same  for 
the  purposes  nereinbefore  indicated  and  unavoidable  accidents  excepted,  and 
not  to  remove  therefrom  any  buildings  or  improvements  erected  thereon 
during  said  term  by  


the  part. . of  the  second  part,  but  said  buildings  and  improvements  shall  re- 
main a part  of  said  land  as  a part  of  the  consideration  of  this  lease,  in  addition 
to  the  other  considerations  herein  specified,  except  engines,  tools,  boilers. 


54 


BRADLEY’S  MANUAL  OF  STATISTICAL  INFORMATION. 


boiler  houses,  and  machinery,  which  shall  remain  the  property  of  said  part., 
of  the  second  part;  that  will  not  permit  any  nuisance  to  be  main- 

tained on  the  premises,  nor  allow  any  intoxicating  liquors  to  be  sold  or  given 

away  for  any  purpose  on  the  premises;  that  will  not  use  the 

premises  for  any  other  purpose  than  that  authorized  in  this  lease,  nor  allow 

them  to  be  used  for  any  other  purpose;  that will  not  at  any  time  during 

the  term  hereby  granted  assign,  transfer  or  sublet estate,  interest,  or 

term  in  said  premises  and  land,  or  the  appurtenances  thereto,  to  any  person  or 
persons  whomsoever,  without  the  written  consent  of  the  part,  .of  the  first  part 
being  first  obtained,  subject  to  the  approval  of  the  Secretary  of  the  Interior. 

And  the  said  part.,  of  the  second  part  further  covenant.,  and  agree.. 

that  will  allow  said  lessor. . and  his  agents,  fro  mtime  to  time,  to 

enter  upon  and  into  all  parts  of  said  premises  for  purposes  of  inspection,  and 
agree . . to  keep  an  accurate  account  of  all  mining  operations,  showing  the 
whole  amount  of  mineral  mined  or  removed,  and  make  report  thereof  promptly, 
under  oath,  at  the  end  of  each  month  to  the  lessor. .,  and  to  the  Secretary  ot 
the  Interior  through  such  officer  as  he  may  designate,  and  that  all  sums  due 
as  royalty  shall  be  a lien  on  all  implements,  tools,  movable  machinery,  and 
other  personal  chattels  used  in  said  prospecting  and  mining  operations,  and 
upon  all  the  mineral  obtained  from  the  land  herein  leased,  as  security  or  the 
payment  of  said  royalties. 

And  the  part.,  of  the  second  part  agree.,  that  this  indenture  of  lease 
shall  in  all  respects  be  subject  to  the  rules  and  regulations  heretofore  or  that 
may  hereafter  be  lawfully  prescribed  by  the  Secretary  of  the  Interior  relative 
to  such  mineral  leases  in  the  Creek  Nation;  and  said  part. . of  the  second  pai't 

expressly  agree.,  that  should  sublessees,  heirs,  execut- 

ors,  administrators,  successors,  or  assigns  violate  any  of  the  covenants,  stip- 
ulations, or  provisions  of  this  lease,  or  fail,  for  the  period  of  sixty  days,  to 
pay  the  stipulated  monthly  royalty  provided  for  herein,  then  the  part. . of  the 

first  part  shall  be  at  liberty,  in  discretion,  to  avoid  this  indenture 

of  lease  and  cause  the  same  to  be  annulled,  when  all  the  rights,  franchises, 

and  privileges  of  the  part. . of  the  second  part, subleases,  executors, 

administrators,  successors,  or  assigns  hereunder  shall  cease  and  end  without 
further  proceedings. 

If  the  lessee. . make. . reasonable  and  bona  fide  effort  to  find  and  mine 

coal  and  asphalt  in  paying  quantity,  as  is  herein  required  of  , and 

such  effort  is  unsuccessful,  may  at  any  time  thereafter,  with  the 

approval  of  the  Secretary  of  the  Interior,  surrender  and  wholly  terminate  this 

lease  upon  the  full  payment  and  performance  of  all  then  existing 

obligations  hereunder:  Provided,  however,  That  approval  of  such  surrender 

by  the  Secretary  will  be  required  only  during  the  time  his  approval  of  the  alien- 
ation of  the  land  is  required  by  law. 

It  is  further  agreed  and  understood  that  this  lease  shall  be  of  no  force  or 
effect  unless  the  part.  . of  the  second  part  shall,  within  sixty  days  from  the 
date  of  approval  of  the  application  filed  in  connection  herewith,  furnish  a sat- 
isfactory bond  in  accordance  with  the  regulations  of  July  10,  1903,  prescribed 
by  the  Secretary  of  the  Interior. 

In  witness  whereof  the  said  parties  of  the  first  and  second  parts  have  here" 
unto  set  their  hands  and  affixed  their  seals  the  day  and  year  first  above  written. 

Witnesses:  (a) 


P.  O 


as  to 


l SEAL.] 


I 


BRADLEY’S  MANUAL  OF  STATISTICAL  INFORMATION.  55 


O 


O 


O 


O 


O 


O 

O 


as  to 


as  to 


as  to 


[SEAL.] 


[SEAL.] 


[SEAL.] 


(a)  Two  witnesses  to  all  signatures. 


TRANSFERABLE  ONLY  WITH  THE  CONSENT  OF  THE  SECRETARY  OF 

THE  INTERIOR. 

OIL  AND  GAS  MINING  LEASE  UPON  LAND  SELECTED  FOR  ALLOTMENT 
CREEK  NATION,  INDIAN  TERRITORY. 

(Sec.  17,  act  of  June  30,  1902,  32  Stat.,  54)0.) 

THIS  INDENTURE  OF  LEASE,  Made  and  entered  into,  in  quadruplicate, 
on  this  . . . .day  of , A.  D.  190. .,  by  and  between  


of ) 

part,  .of  the  first  part,  and 


of 

part,  .of  the  second  part,  under  and  in  pursuance  of  the  provisions  of  section  17 
of  the  act  of  Congress  approved  June  30,  1902,  and  the  regulations  prescribed 
by  the  Secretary  of  the  Interior  thereunder. 

Witnesseth:  That  the  part.. of  the  first  part,  for  and  in  consideration  of 

of  the  royalties,  covenants,  stipulations,  and  conditions  hereinafter  contained, 
and  hereby  agreed  to  be  paid,  observed  and  performed  by  the  part,  .of  the  sec- 
ond part , successors  and  assigns,  do.  .hereby  demise,  grant  and  let  unto 

the  party,  .of  the  second  part, successors  and  assigns,  for  the  term 

of years  from  the  date  hereof,  all  of  the  oil  deposits  and  natural  gas 

in  or  under  the  following-described  tract  of  land,  lying  and  being  within  the 
Creek  Indian  Nation,  and  within  the  Indian  Territory,  to-wit:  The 


of  section , township range , of  the  Indian  Meridian, 

and  containing acres,  more  or  less,  with  the  right  to  prospect  for,  ex- 

tract, pipe,  store,  refine  and  remove  such  oil  and  natural  gas,  and  to  occupy 
and  use  so  much  only  of  the  surface  of  said  land  as  may  be  reasonably  neces- 
sary to  carry  on  the  work  of  prospecting  for,  extracting,  piping,  storing,  refin- 
ing, and  removing  such  oil  and  natural  gas,  including  also  the  right  to  obtain 


BRADLEY’S  MANUAL  OF  STATISTICAL  INFORMATION. 


56 

from  wells  or  other  sources  of  said  land,  by  means  of  pipe  lines  or  otherwise, 
a sufficient  supply  of  water  to  carry  on  said  operations,  and  including  still 
further  the  right  to  use  such  oil  and  natural  gas  as  fuel  so  far  as  it  is  necessary 
to  the  prosecution  of  said  operations. 

In  consideration  of  which  the  part,  .of  the  second  part  hereby  agree,  .and 

hind successors  and  assigns,  to  pay  or  cause  to  be  paid  to  the  lessor.. 

as  royalty  the  sum  of  ten  per  cent  of  the  value,  on  the  lease  premises,  of  ait 
crude  oil  extracted  from  the  said  land,  and  if  the  parties  do  not,  before  the 
tenth  day  of  the  month  succeeding  its  extraction,  agree  upon  the  value  of  the 
crude  oil  on  the  leased  premises,  the  value  thereof  shall  finally  be  determined 
under  the  direction  of  the  Secretary  of  the  Interior  in  such  manner  as  he  shaU 
prescribe,  and  to  so  pay  the  royalty  accruing  for  any  month  on  or  before  the* 
twenty-fifth  day  of  the  month  succeeding,  and  where  the  value  of  the  crude  on 
fluctuates,  the  average  value  during  the  month  shall  constitute  the  critei’ion  iie 
computing  the  royalty;  and  to  pay  in  yearly  payments,  at  the  end  of  each  year, 
such  royalty  on  each  gas-producing  well  as  the  Secretary  of  the  Interior  may 
residence  and  premises.  But  failure  on  the  part  of  the  lessee.. to  use  a gas- 
producing  well,  where  the  same  can  not  be  reasonably  utilized  at  the  rate  sj 
prescribed,  shall  not  work  a forfeiture  of  this  lease  so  far  as  the  same  relates 
to  mining  oil. 

And  the  part,  .of  the  second  part  further  agree,  .and  bind 

successors  and  assigns,  to  pay  or  cause  to  be  paid  to  the  lessor....,  as 

advanced  annual  royalty  on  this  lease,  the  sums  of  money  as  follows,  to-wit; 
Fifteen  cents  per  acre  per  annum,  in  advance,  lor  the  first  and  second  years; 
thirty  cents  per  acre  per  annum,  in  advance,  for  the  third  and  fourth  years, 
and  seventy-five  cents  per  acre  per  annum,  in  advance,  for  the  fifth  and  each 
succeeding  year  thereafter  of  the  term  for  which  this  lease  is  to  run;  it  being 
understood  and  agreed  that  said  sums  of  money  so  paid  shall  be  a credit  on  the 
stipulated  royalties  should  the  same  exceed  such  sums  paid  as  advanced  roy- 
alty, and  further,  that  should  the  part,  .of  the  second  part  neglect  or  refuse  to 
pay  such  advanced  annual  royalty  for  the  period  of  sixty  days  after  the  same 
becomes  due  and  payable,  then  this  lease  shall,  at  the  option  of  the  lessor.'., 
be  null  and  void,  and  all  royalties  paid  in  advance  shall  become  the  money  and 
property  of  the  lessor.  . 

The  party. . of  the  second  part  further  covenant.  . and  agree,  .to  exercise 
diligence  in  the  sinking  of  wells  for  oil  and  natural  gas  on  the  lands  covered  by 
this  lease,  and  to  operate  the  same  in  a workmanlike  manner  to  the  fullest  possi- 
ble extent,  unavoidable  casualties  excepted;  to  commit  no  waste  upon  the  said 
land  and  to  suffer  no  waste  to  be  committed  upon  the  portion  in.  . . .occupancy 

and  to  suffer  no  waste  to  be  committed  upon  the  portion  in occupancy 

or  use;  to  take  good  care  of  the  same,  and  to  promptly  surrender  and  return 
the  premises  upon  the  termination  of  this  lease  to  the  part.. of  the  first  part, 
or  to  whomsoever  shall  be  lawfully  entitled  thereto,  and  not  to  remove  there- 
from any  buildings  or  improvements  erected  thereon  during  the  said  term  by 
lie  said  part,  .of  the  second  part,  but  said  buildings  and  improvements  shall  re' 
main  a part  of  said  land  and  become  the  property  of  the  owner  of  the  land  as 
a part  of  the  consideration  of  this  lease,  in  addition  to  the  other  considerations 
herein  specified,  excepting  that  tools,  boilers,  boiler  houses,  pipe  lines,  pumping 
aad  drilling  outfits,  tanks,  engines  and  machinery,  and  the  casing  of  all  dry  or 
exhausted  wells,  shall  remain  the  property  of  the  said  part. . of  the  second 
part,  and  may  be  removed  at  any  time  before  the  expiration  of  sixty  days 
fro-m  the  termination  of  the  lease;  that will  not  permit  any  nuisance 


BRADLEY’S  MANUAL  OF  STATISTICAL  INFORMATION. 


57 


to  be  maintained  on  the  premises  under. control,  nor  allow  any  intox- 

icating liquors  to  be  sold  or  given  away  for  any  purposes  on  such  premises: 
that will  not  use  such  premises  for  any  other  purpose  than  that  auth- 
orized in  this  lease,  and  that  before  abandoning  any  well ..will  secured 

plug  the  same  so  as  to  effectually  shut  off  all  water  above  the  oil-bearing 
Horizon. 

And  it  is  mutually  understood  and  agreed  that  no  sublease  assignment  or 
transfer  of  this  lease  or  of  any  interest  therein  or  thereunder  can  be  directly 
of  indirectly  made  without  the  written  consent  thereto  by  the  lessor . . , and  the 
Secretary  of  the  Interior  first  obtained,  and  that  any  such  assignment  or 
transfer  made  or  atempted  without  such  consent  shall  be  void. 

And  the  said  part.. of  the  second  part  further  covenant.,  and  agree.... 
that will  keep  an  accurate  account  of  all  oil-mining  operations,  show- 

ing the  whole  amount  of  oil  mined  or  removed;  and  all  sums  due  as  royalty 
shall  be  a lien  on  all  implements,  tools,  movable  machinery  and  other  person- 
al chattels  used  in  said  prospecting  and  mining  operations,  and  upon  ail  of  the 
©il  obtained  trom  the  land  herein  leased,  as  security  for  the  payment  of  said 
royalties. 

And  the  part,  .of  the  second  part  agree.  . that  this  indenture  of  lease  shall 
in  all  respects  be  subject  to  the  rules  and  regulations  heretofo.e  or  that  may 
Hereafter  be  lawfully  prescribed  by  the  Secretary  of  the  Interior  relative  to 
oil  and  gas  leases  in  the  Creek  Nation. 

And  the  said  part. . of  the  second  part  expressly  agree.  . that  should.  . . . 

or  sublessees,  heirs,  executors,  administrators,  successors  or 

assigns  violate  any  of  the  covenant,  stipulations  or  provisions  of  this  lease,  or 
fail  for  the  period  of  sixty  days  to  pay  the  stipulated  monthly  royalty  provid 

ed  for  herein,  then  the  part . . of  the  first  part  shall  be  at  liberty,  in 

discretion,  to  avoid  this  indenture  ot  lease  and  cause  the  same  to  be  annulled, 
when  all  the  rights,  franchises  and  privileges  of  the  part,  .of  the  second  part, 
........  sublessees,  <heirs,  executors,  administrators,  successors  or  assigns 

hereunder  shall  cease  and  eqd  without  further  proceedings. 

If  the  lessee,  .make,  .reasonable  and  bona  fide  effort  to  find  and  produce 
oil  in  paying  quantities,  as  is  herein  required  of , and  such  effort  is  un- 
successful  may  at  any  time  thereafter,  with  the  approval  of  the  Sec- 

retary of  the  Interior,  surrender  and  wholly  terminate  this  lease  upon  the  full 

payment  and  performance  of  all then  existing  obligations  hereunder: 

Provided,  however,  That  the  approval  of  such  surrender  by  the  Secretary  will 
be  required  only  during  the  time  his  approval  of  the  alienation  of  the  land  is 
required  by  law. 

It  is  further  agreed  and  understood  that  this  lease  shall  be  of  no  force  or 
effect  unless  the  part.  . of  the  second  part  shall,  within  sixty  days  , from  ibe 
date  of  approval  of  the  application  filed  in  connection  herewith,  furnish  a sat- 
isfactory bond  in  accordance  wth  the  regulations  of  July  10,  1903,  prescribed 
by  the  Secretary  of  the  Interior. 

IN  WITNESS  WHEREOF.  The  said  parties  have  hereunto  subscribed 
their  names  and  affixed  their  seals  on  the  clay  and  year  first  above  mentioned. 

[Seal.] 

[Seal.] 

[Seal.] 

Attest: 


Two  witness  to  execution  by  lessor: 


58 


BRADLEY’S  MANUAL  OF  STATISTICAL  INFORMATION. 


P.  O.. 

Two  witnesses  to  execution  by  lessee: 

P.  O 

P.  O 


TRANSFERABLE  ONLY  WITH  CONSENT  OF  THE  SECRETARY  OF  THE 

INTERIOR. 

FOR  OTHER  MINERALS  THAN  COAL,  ASPHALT,  OIL  AND  GAS. 
MINING  LEASE,  CREEK  NATION. 

(Sec.  17,  act  of  June  30,  1902,  32  Stat.,  500.) 

Wirite  all  names  and  addresses  in  full. 

This  indenture  of  lease  made  and  entered  into,  in  quadruplicate,  on  this. 
day  of ,A.  D.  19u..,  by  and  between 


of  

part.,  of  the  first  part,  and  ,...) 

of  

part  of  the  second  part,’ under  and  in  pursuance  of  the  provisions  of  section  1? 
of  the  act  of  Congress,  approved  June  30,  1902,  and  ratified  by  the  Muskogee, 
or  Creek  national  council  on  July  26,  1902,  and  the  rules  <and  regulations  pre- 
scribed by  the  Secretary  of  the  Interior  relative  to  mining  leases  in  the  Creek- 
Nation. 

WITNESSETH,  That  the  part.  . of  the  first  part,  for  and  in  considera- 
tion of  the  royalties,  covenants,  stipulations  and  conditions  hereinafter  con- 
tained and  hereby  agreed  to  be  paid,  observed  and  performed  by  the  part. . 
of  the  second  part, heirs,  executors,  administrators,  successors  or  as- 

signs, do.,  hereby  demise,  grant  and  let  unti  the  part.,  of  the  second  part, 
heirs,  executors,  administrators,  successors  or  assigns,  the  following  described 
tract  of  land  lying  and  being  within  the  Creek  nation  and  within  the  Indian 
Territory,  to-wit:  


of  section , of  township , of  range , of  the  Indian  Meri- 
dian, and  containing acres,  more  or  less,  for  the  full  term  of 

years  from  the  date  hereof,  for  the  sole  purpose  of  prospecting  for  and  mining' 
minerals,  as  follows: 


the  part,  .of  the  second  part  to  occupy  so  much  only  of  the  surface  of  said- 
land  as  may  be  reasonably  necessary  to  carry  on  the  work  of  prospecting  for, 
mining,  storing  and  removing  such  minerals. 

In  consideration  of  the  premises,  the  part.. of  the  second  part  hereby 


BRADLEY’S  MANUAL  OF  STATISTICAL  INFORMATION. 


59 


LEECHER, 

THE  GREAT  CREEK  CONJURER. 


60 


BRADLEY’S  MANUAL  OF  STATISTICAL  INFORMATION. 


agree,  .and  bind , heirs,  executors,  administrators,  successors 

or  assigns  to  pay,  or  cause  to  be  paid,  to  the  part. . of  the  first  part,  as  royal- 
ties,  the  sums  of  money  as  follows,  to-wit: 


And  the  part.,  of  the  second  part  further  agree.. and  bind 

heirs,  executors,  administrators,  successors  or  assigns,  to  pay>  or 

cause  to  be  paid,  to  the  lessor. .,  as  advanced  annual  royalty  on  this  lease,  the 

sums  of  money  as  follows,  to-wit:  per  acre  per  annum,  in  advance, 

for  the  first  and  second  years;  per  acre  per  annum,  in  advance,  for 

the  third  and  fourth  years;  and per  acre  per  annum,  in  advance,  for 

the  fifth  and  each  succeeding  year  thereafter  of  the  term  for  which  this  Ibase 
is  to  run;  it  being  understood  and  agreed  that  said- sums  of  money  so  paid 
shall  be  a credit  on  the  stipulated  royalties  should  the  same  exceed  such  sums 
paid  as  advanced  royalty;  and  further,  that  should  the  part.  . of  the  second 
neglect  or  refuse  to  pay  such  advanced  annual  royalty  for  the  period  of  sixty- 
days  after  the  same  becomes  due  and  payable,  then  this  lease  shall,  at  the  op- 
tion of  the  lessoi..,  be  null  and  void,  and  all  royalties  paid  in  advance  shall 
become  the  money  and  the  property  of  the  lessor.  . 

All  royalty  accruing  for  any  month  shall  be  due  and  payable  on  or  before 
the  twenty-fifth  day  of  the  month  succeeding. 

It  is  agreed  by  the  parties  hereto  that  the  land  described  herein  shall  not 
be  held  by  the  part . . of  the  second  part  for  speculative  purposes,  but  in  good 
faith  for  mining  the  minerals  specified;  and  a failure  for  one  year  by  the 
part . . of  the  second  part  to  do  a reasonable  amount  of  development  work  or 
of  mining  shall  be  held  as  a want  of  compliance  with  the  purposes  of  the  lease- 
and  shall  render  it  null  and  void. 

The  party  of  the  second  part  further  agree,  .and  bind :... 

heirs,  executors,  administrators,  successors  or  assigns  to  pay,  or  cause 

to  be  paid  to  the  part,  .of  the  first  part  the  royalty  as  it  becomes  due. 

The  party  ol  the  second  part  further  covenant,  .and  agree,  .to  exercise 
diligence  in  the  conduct  of  the  prospecting  and  mining  operations,  and  to  open 
mines  and  operate  the  same  in  a workmanlike  manner  and  to  the  fullest  pos- 
sible extent  on  the  leased  premises;  to  commit  no  waste  upon  said  premises, 
or  upon  the  mines  that  may  be  thereon,  and  to  suffer  no  waste  to  be  commit- 
ted thereon,  to  take  good  care  of  the  same,  and  to  surrender  and  return  the- 
premises  at  the  expiration  of  this  lease  to  the  part,  .of  the  first  part,  or  to 
whomsoever  shall  be  lawfully  entitled  thereto,  in  as  good  condition  as  when 
received,  ordinary  wear  and  tear  in  the  proper  use  of  the  same  for  the  pur- 
poses indicated  and  unavoidable  accidents  excepted,  and  not  to  remove  there- 
from any  buildings  or  improvements  erected  thereon  during  said  term  by.... 


the  part . . of  the  second  part,  but  said  buildings  and  improvements  shall  re-- 
main  a part  of  said  land  and  become  the  property  of  the  owner  of  the  land  as 
a part  of  the  consideration  for  this  lease,  in  addition  to  the  other  considera- 
tions herein  specified,  except  engines,  tools,  boilers,  boiler-houses  and  machin 
ery,  which  shall  remain  the  property  of  said  part.,  of  the  second  part;  that 

will  not  permit  any  nuisance  to  be  maintained  on  the  premises,  nor- 

allow  any  intoxicating  liquors  to  he  sold  or  given  away  for  any  purpose  on  the 

premises,  and  that will  not  use  the  premises  for  any  other  purpose- 

than  that  authorized  in  this  lease,  nor  allow  them  to  be  used  for  any  other  pur-- 


BRADLEY'S  MANUAL  OF  STATISTICAL  INFORMATION. 


61 


pose;  that will  not  at  any  time  during  the  term  hereby  granted  assign, 

transfer  or  sublet estate,  interest  or  term  in  said  premises  and  land, 

or  the  appurtenances  thereto,  to  any  person  or  persons  whomsoever  without 
the  writen  consent  thereto  of  the  part.,  of  the  first  part  being  first  obtained, 
subject  to  the  approval  of  he  Secreary  of  the  Interior. 

And  the  sa  3 part. . of  the  second  part  further  covenant,  .and  agree,  .that 

will  allow  said  lessor,  .and  his  agents,  from  time  to  time,  to 

enter  upon  and  in  all  parts  of  said  premises  for  the  purposes  of  inspection, 
and  agree.. to  keep  an  accurate  account  of  all  mining  operations,  showing  the 
whole  amount  of  mineral  mined  or  removed,  and  make  report  thereof  prompt- 
ly, under  oath,  at  the  end  of  each  month  to  the  lessor.  . , and  to  the  Secretary 
of  the  Interior  through  such  officer  as  he  may  designate,  and  that  all  sums 
due  as  royalty  shall  be  a lien  on  all  implements,  tools,  movable  machinery  and 
other  personal  chatels  used  in  said  prospecting  and  mining  operations,  and 
upon  all  the  mineral  obtained  from  the  land  herein  leased,  as  security  for  the 
payment  of  said  royalties. 

And  the  part.,  of  the  second  part  agree.,  that  this  indenture  of  lease 
shall  in  all  respects  be  subject  to  the  rules  and  regulations  heretofore  or  that 
may  hereafter  be  lawfully  prescribed  by  the  Secretary  of  the  Interior  relative 
to  such  mineral  leases  in  the  Creek  Nation;  and  said  part. . of  the  second  part 

expressly  agree.,  that  should sublessees,  heirs,  executors, 

tions  or  provisions  of  this  lease,  or  fail  for  the  period  of  sixty  days  to  pay  the 
administrators,  successors  or  assigns  violate  any  of  the  covenants,  stipula- 
stipulated  monthly  royalty  provided  for  herein,  then  the  part,  .of  the  first  part 

shall  be  at  liberty,  in discretion,  to  avoid  this  indenture  of  lease  and 

cause  the  same  to  be  annulled,  when  all  the  rights,  franchises  and  privileges 
of  the  part..  01  the  second  part,  sublessees,  executors,  administra- 

tors, successors  or  assigns  hereunder  shall  cease  and  end  without  further  pro- 
ceedings. 

If  the  lessee.,  make.,  reasonable  and  bona  fide  effort  to  find  and  mine 

in  paying  quantity,  as  is  herein  required  of  , and 

such  effort  is  unsuccessful,  may  at  any  time  thereafter,  with  the 

approval  of  the  Secretary  of  the  Interior,  surrender  and  wholly  terminate  this 

lease  upon  the  full  payment  and  performance  of  all  then  existing 

obligations  hereunder:  Provided,  however.  That  approval  of  such  surrender 

by  the  Secretary  will  be  required  only  during  the  time  his  approval  of  the 
alienation  of  the  land  is  required  by  law. 

It  is -further  agreed  and  understood  that  this  lease  shall  be  of  no  force 
and  effect  unless  the  part.,  of  the  second  part  shall,  within  sixty  days  from 
the  date  of  approval  of  the  application  filed  in  connection  herewith,  furnish  a 
satisfactory  bond  in  accordance  with  the  regulations  of  July  10,  1903,  prescrib- 
ed by  the  Secretary  of  the  Interior. 

In  witness  whereof  the  said  parties  of  the  first  and  second  parts  have 
hereunto  set  their  hands  and  affixed  their  seals  the  day  and  year  first  above 
written. 


Witnesses: 

(a) 

• :Y  lUiiYs 

p. 

O 

as  to. ....  

tSEAL. 

p. 

O 

P.  O 


as  to 


jSEAL.] 


62 


BRADLEY’S  MANUAL  OF  STATISTICAL  INFORMATION. 


P.  O 


P.  O as  to 


P.  0 


P.  O 


P.  0 


as  to 


(a)  Two  witnesses  to  all  signatures. 

BOND. 


Know  all  men  by  these  presents,  that 


®f  

as  principal..,  and 


[SEAL.] 


I SEAL.] 


or  

as  suret..,  are  held  and  firmly  hound  unto  the  United  States  of  America  in 

the  sum  of dollars,  lawful  money  of  the  United  States,  for  the 

payment  of  which,  well  and  truly  to  be  made,  we  bind  ourselves,  and  each  of  us, 
our  heirs,  successors,  executors,  or  administrators,  jointly  and  severally, 
firmly  by  these  presents. 

Sealed  with  our  seals,  and  dated  day  of  

The  condition  of  this  obligation  is  such  that  whereas  the  above  bounden 


as  principal..,  entered  into certain  indenture  of  lease,  dated 

, with  


f©r  the  lease  of  a tract  of  land  described  as  follows: 


and  located  in  the  Creek  Nation,  Indian  Territory,  for 

purposes  for  the  period  of years  from  the  date  thereof. 

Now,  if  the  above-bounden  


shall  faithfully  carry  out  and  observe  all  the  obligations  assumed  in  said 

indenture  of  lease  by  and  shall  observe  all  the  laws  of  the 

United  States,  and  regulations  made,  or  which  shall  be  made  thereunder,  for 
the  government  of  trade  and  intercourse  with  Indian  tribes,  and  all  the  rules 
and  regulations  that  have  been,  or  may  be,  prescribed  by  the  Secretary  of  the 
Interior  under  section  17  of  the  act  approved  June  30,  1902  (32  Stat.,  L.,  500), 
relative  to  leases  in  the  Creek  nation,  Indian  Territory,  then  this  obligation 
shall  be  null  and  void;  otherwise  to  remain  in  full  force  and  effect. 

Signed  and  sealed  in  the  presence  of— 

Witnesses: 


P.  0. 


as  to 


l SEAL.] 


BRADLEY’S  MANUAL  OF  STATISTICAL  INFORMATION. 


63 


±*. 

1 

o 

p. 

0 

[SEAL,.  I 

p. 

o 

p. 

0 

as  to  

LSEAL.J 

p. 

0 

p. 

0 

[SEA  1 ■ | 

P.  O 

(a)  Two  witnesses  to  all  signatures. 

AFFIDAVIT  OF  SURETY. 

(To  be  used  only  when  individual  sureties  are  offered.) 


I,  , one  of  the  sureties  on  the 

prefixed  bond  of  

as  , depose  and  say  that  I am  worth  in  unincumbered 

property,  over  and  above  my  debts,  liabilities,  and  exemptions  under  ihe  laws 

of  the  of  dollars  and 

upward,  as  follows: 

Real  estate,  valued  at dollars. 

situate  in  and  consisting  of  (a) 

) 

) 

) 

; and 

Personal  estate,  valued  at  dollars, 

located  in  and  consisting  of  (b) 

) 

) 

) 

(Signature) 

(Post-office  address)  

Subscribed  and  sworn  to  before  be  this day  of  

[SEAL.]  


I,  do  hereby  certify  that 

who  administered  the  above 

oath,  was,  at  the  time  of  doing  so,  a in  and  for  said 

duly  qualified  to  act  as  such,  and  to  administer  oaths  in  such  cases, 

and  that  I believe  his  signature,  as  above  written,  is  genuine. 

In  testimony  whereof  I have  hereunto  set  my  hand  and  affixed  the  seal  of 

this  day  of  , one  thousand  nine  hundred 

and 


64 


BRADLEY’S  MANUAL  OF  STATISTICAL  INFORMATION. 


THOMAS  M.  BUFFINGTON, 

EX-CHIEF  OF  THE  CHEROKEE  NATION. 


HOME. OF  MR.  AND  MRS.  J.  E.  FOSTER, 

ARDMORE,  INDIAN  TERRITORY. 


SEMINOLE  LIGHT  HORSEMEN  AT  WEWOKA  DURING  PAYMENT  OF  FUNDS. 


BRADLEY’S  MANUAL  OF  STATISTICAL  INFORMATION. 


65 


66 


BRADLEY’S  MANUAL  OF  STATISTICAL  INFORMATION. 


(a)  Here  state  whether  city  property,  improved  or  unimproved,  farm,  or 
unimproved  land.  Property  must  be  described  by  street  numbers,  lot  num- 
bers, or  section,  township,  and  range  numbers. 

(b)  Here  describe  the  nature  of  the  property,  whether  notes,  bonds, 
stocks,  merchandise,  etc.  State  also,  as  nearly  as  practicable,  the  present 
market  value. 


XLbe  CboctawsCbtckasaw  Hreatu 

[Passed  the  House  and  Senate  and  Approved  July  1,  1902.] 

An  act  to  ratify  and  confirm  an  agreement  with  the  Choctaw  and  Ohicka 
saw  tribes  of  Indians,  and  for  other  purposes. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  the  following  agreement,  made 
by  the  Commission  to  the  Five  Civilized  Tribes  with  the  commissions-  repre- 
senting the  Choctaw  and  Chickasaw  tribes  of  Indians  on  the  twenty-first  day 
of  March,  nineteen  hundred  and  two,  be,  and  the  same  is  hereby,  ratified  and 
confirmed,  to-wit: 


AGREEMENT  BETWEEN  THE  UNITED  STATES  AND  THE  CHOCTAWS 

AND  CHICKASAWS. 

This  agreement,  by  and  between  the  United  States,  entered  into  In  its 
behalf  by  Henry  L.  Dawes,  Tams  Bixby,  Thomas  B.  Needles,  and  Clifton  R. 
Breckinridge,  commissioners  duly  appointed  and  authorized  thereunto,  and 
the  Choctaw  and  Chickasaw  tribes  of  Indians  in  Indian  Territory,  respectively, 
entered  into  in  behalf  of  such  Qhoctaw  and  Chickasaw  tribes,  by  Gilbert  W. 
Dukes,  Green  McCurtain,  Thomas  E.  Sanguin,  and  Simon  E.  Lewis  in  behalf 
of  the  Choctaw  tribe  of  Indians;  and  Douglas  H.  Johnson,  Calvin  J.  Grant, 
Holmes  Willis,  Edward  B.  Johnson,  and  Benjamin  H.  Colbert  in  behalf  of  the 
Chickasaw  tribe  of  Indians,  commissioners  duly  appointed  and  authorized 
thereunto— 

Witnesseth  that,  in  consideration  of  the  mutual  undertakings  herein  con- 
tained, it  is  agreed  as  follows: 

DEFINITIONS. 

1.  Wherever  used  in  this  agreement  the  words  “nations”  and  “tribes” 
shall  each  be  held  to  mean  the  Choctaw  and  Chickasaw  nations  or  tribes  of 
Indians  in  Indian.  Territory. 

2.  The  word  “chief  executives”  shall  be  held  to  mean  the  principal  chief 
of  the  Choctaw  Nation  and  the  Governor  of  the  Chickasaw  Nation. 

3.  The  words  “member”  or  “members”  and  “citizen”  or  “citizens"  shall 
be  held  to  mean  members  or  citizens  of  the  Choctaw  or  Chickasaw  tribes  of 
Indians  in  Indian  Territory,  not  including  freedmen. 

4.  The  term  “Atoka  agreement”  shall  be  held  to  mean  the  agreement 
made  by  the  Commission  to  the  Five  Civilized  Tribes  with  the  commissioners 
representing  the  Choctaw  and  Chickasaw  trbes  of  Indans  at  Atoka,  Indian 
Territory,  and  embodied  in  the  Act  of  Congress  approved  June  twenty-eight, 
eighteen  hundred  and  ninety-eight.  _ (30  Stats.,  495.) 


BRADLEY’S  MANUAL  OF  STATISTICAL  INFORMATION. 


67 


5.  The  word  “minor”  shall  be  held  to  mean  males  under  the  age  of 
twenty-one  years  and  females  under  the  age  of  eighteen  years. 

6.  The  word  “select”  and  its  various  modifications,  as  applied  to  allot- 
ments and  homesteads,  shall  be  held  to  mean  the  formal  application  at  the 
land  office,  to  be  established  by  the  Commission  to  the  Five  Civilized  Tribes 
of  the  Choctaw  and  Chickasaw  nations,  for  particular  tracts  of  land. 

.7.  Every  word  in  this  agreement  importing  the  masculine  gender  may 
extend  and  be  .applied  to  females  as  well  as  males,  and  the  use  of  the 
plural  may  include  also  the  singular,  and  vice  versa. 

8.  The  terms  “allottable  lands”  or  “lands  allottable”  shall  be  deemed  to 
mean  all  the  lands  of  the  Choctaw  and  Chickasaw  tribes  not  herein  reserved 
Ircm  allotment. 

APPRAISEMENT  OF  LANDS. 

9.  All  lands  belonging  to  the  Choctaw  and  Chickasaw  tribes  in  the  Indian 

Territory,  excepi  such  as  are  herein  reserved  from  allotment,  shall  be  ap- 
praised at  their  true  value:  Provided,  That  in  determining  such  value  consid- 

eration shall  not  be  given  to  the  location  thereof,  to  any  mineral  deposits,  or 
to  any  timber  except  such  pine  timber  as  may  have  been  heretofore  estimated 
by  the  Commission  to-  the  Five  Civilized  Tribes,  and  without  reference  to 
improvements  which  may  be  located  thereon. 

10.  The  appraisement  as  herein  provided  shall  be  made  by  the  Commis- 
sion to  the  Five  Civilized  Tribes,  and  the  Choctaw  and  Chickasaw  tribes  shan 
each  have  a representative  to  be  appointed  by  the  respective  executives  to 
co-operate  with  the  said  Commission. 

ALLOTMENT  OF  LANDS. 

11.  .There  shall  be  allotted  to  each  member  of  the  Choctaw  and  Chicka- 
saw tribes,  as  soon  as  practicable  after  the  approval  by  the  Secretary  of  the 
Interior  of  his  enrollment  as  herein  Provided,  land  equal  in  value  to  three 
hundred  and  twenty  acres  of  the  average  allottable  land  of  the  Choctaw  and 
Chickasaw  nations,  and  to  each  Choctaw  and  Chickasaw  freedman,  as  soon 
as  practicable  after  the  approval  by  the  Secretary  of  the  Interior  of  his  en- 
rollment, land  equal  in  value  to  forty  acres  of  the  average  allottable  land  ot 
the  Choctaw  and  Chickasaw  nations;  to  conform,  as  nearly  as  may  be,  to  the 
areas  and  boundaries  established  by  the  Government  survey,  which  laud  may 
be  selected  by  each  allottee  so  as  to  include  his  improvements.  For  the  pur- 
pose of  making  allotments  and  designating  homesteads  hereunder,  the  forty 
acre  or  quarter-quarter  sub-divisions  established  by  the  Government  survey 
may  be  dealt  with  as  further  sub-divided  into  four  equal  parts  in  the  usual 
manner,  thus  making  the  smallest  legal  sub-division  ten  acres,  or  a quarter 
of  a quarter  of  a quarter  of  a section. 

12.  Each  member  of  said  tribe  shall,  at  the  time  of  the  selection  of 
his  allotment,  designate  as  a homestead  out  of  said  allotment  land  equal  in 
value  to  one  hundred  and  sixty  acres  of  the  average  allottable  land  of  the 
Choctaw  and  Chickasaw  nations,  as  nearly  as  may  be,  w-hich  shall  be  inalien- 
able during  the  lifetime  of  the  allottee,  not  exceeding  twnty-one  years  from 
the  date  of  certificate  of  allotment,  and  separate  certificate  and  patent  shall 
issue  for  said  homestead. 

13.  The  allotment  of  each  Choctaw  and  Chickasaw  freedman  shall  be 
inalienable  during  the  lifetime  of  the  allottee,  not  exceeding  twenty-one  years 
from  the  date  of  certificate  of  allotment. 


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BRADLEY’S  MANUAL  OF  STATISTICAL  INFORMATION. 


14.  When  allotments  as  herein  provided  have  been  made  to  all  citizens 
and  freedmen,  the  residue  of  lands  not  herein  reserved  or  otherwise  disposed 
of,  if  any  theie  be, shall  he  sold  at  public  auctions  under  rules  and  regulations 
and  on  terms  to  be  prescribed  by  the  Secretary  of  the  Interior,  and  so  much 
of  the  proceeds  as  may  be  necessary  lor  equalizing  allotments  shall  be  used 
for  that  purpose,  and  the  balance  shall  be  paid  in  o the  treasury  of  the  United 
States  to  the  credit  of  the  Choctaws  and  Chickasaws  and  distributed  per 
capita  as  other  funds  of  the  tribes. 

15.  Lands  allotted  to  members  and  freedmen  shall  not  be  effected  or 
encumbered  by  any  deed,  debt,  or  obligation  of  any  character  contracted  prior 
to  the  time  at  which  said  land  may  be  alienated  under  this  Act,  nor  snail  said 
land  be  sold  except  as  herein  provided. 

63.  The  chiei  executives  of  the  two  tribes  shall  execute  and  deliver,  with 
the  approval  or  the  Secretary  of  the  In  erior,  to  each  purchaser  of  any  coal  or 
Asphalt  lands  so  sold,  and  to  each  purchaser  of  any  coal  or  asphalt  deposits 
so  sold,  an  appropriate  patent  or  instrument  of  conveyance,  conveying  to  the 
purchaser  the  property  so  sold. 

16.  All  lands  allotted  to  the  members  of  said  tribes,  except  such  land 

as  is  set  aside  to  each  for  a homestead  as  herein  provided,  shall  be  alienable 
after  issuance  of  patent  as  follows:  One  fourth  in  acreage  in  one  year,  one- 

fourth  in  acreage  in  three  years,  and  the  balance  in  five  years;  in  each  case 
from  date  of  patent:  Provided,  That  such  land  shall  not  be  alienable  by  the 

allottee  or  his  heirs  at  any  time  before  the  expiration  of  the  Choctaw  ana 
Chickasaw  tribal  governments  for  less  than  its  appraised  value. 

17.  If,  for  any  reason,  an  allotment  should  not  be  selected  or  a home- 
stead designated  by,  or  on  behalf  cf,  any  member  or  freedman,  it  shall  be  the 
duty  of  said  Commission  to  make  said  selection  and  designation. 

18.  In  the  making  of  allotments  and  in  the  designation  of  homesteads 
for  members  of  said  tribes,  tinder  the  provisions  of  this  agreement,  said  Com- 
mission shall  not  be  required  to  divide  lands  into  tracts  of  less  than  the 
smallest  legal  sub-division  provided  for  in  paragraph  eleven  hereof. 

19.  It  shall  be  unlawful  after  ninety  days  after  the  date  of  the  final  ratifi- 
cation of  this  agreement  for  any  member  of  the  Choctaw  or  Chickasaw  tribes 
to  enclose  or  hold  possession  of  in  any  manner,  by  himself  cr  through  another, 
directly  or  indirectly,  more  lands  in  value  than  that,  of  three  hundred  and 
twenty  acres  of  average  allottable  lands  of  the  Choctaw  and  Chickasaw  na- 
tions, as  provided!  by  the  terms  of  this  agreement,  either  for  himself  or  for 
his  wife,  or  for  each  of  his  minor  children  if  members  of  said  tribes;  and  any 
member  of  sail  tribes  found  in  such  possession  of  lands,  or  having  the  same 
in  any  manner  enclosed  after  the  expiration  of  ninety  days  after  the  date  of 
the  final  ratification  of  this  agreement,  shall  be  deemed  guilty  of  a mis- 
demeanor. 

20.  It  shail  he  unlawful  after  ninety  days  after  the  date  of  the  final  rat- 
ification of  this  agreement  for  any  Choctaw  or  Chickasaw  freedman  to  en- 
close or  hold  possession  of  in  any  manner,  by  himself  or  through  another, 
directly  or  indirectly,  more  than  so  much  land  as  shall  he  equal  in  value  to 
forty  acres  of  the  average  allottable  lands  of  the  Choctaw  and  Chickasaw 
tribes  as  provided  by  the  terms  of  this  agreement,  either  for  himself  or  for 
his  wife,  or  for  each  of  his  minor  children,  if  they  be  Choctaw  or  Chickasaw 
treedmen;  and  any  freedman  found  in  such  possession  of  lands,  or  having  the 
same  in  any  manner  enclosed  after  the  expiration  of  ninety  days  after  the 


BRADLEY’S  MANUAL  OF  STATISTICAL  INFORMATION. 


69 


date  of  the  final  ratification  of  this  agreement,  shall  be  deemed  guilyt  of  i 
misdemeanor. 

21.  Any  person  convicted  of  violating  any  of  the  provisions  of  sections 
19  and  20  of  this  agreement  shall  be  punished  by  a fine  of  not  less  than  one 
hundred  dollars,  and  shall  stand  committed  until  said  fine  and  costs  are  paid 
(such  commitment  not  to  exceed  one  day  for  every  two  dollars  of  said  fine 
and  costs)  and  shall  forfeit  possession  of  any  property  in  question,  and  each 
day  on  which  such  offense  is  committed  or  continues  to  exist,  shall  be  deemed 
a separate  offense.  And  the  United  States  district  attorneys  for  the  districts 
in  which  said  nations  are  situated,  are  required  to  see  that  the  provisions  ot 
said  sections  are  strictly  enforced,  and  they  shall  immediately  after  the  ex- 
piration of  ninety  days  after  the  date  of  the  final  ratification  of  this  agreement 
proceed  to  dispossess  all  persons  of  such  excessive  holdings  of  lands,  and  to 
prosecute  them  for  so  unlawfully  holding  the  same.  And  the  Commission  to 
the  Five  Civilized  Tribes  shall  have  authority  to  make  investigation  of  all 
violations  of  sections  19  and  20  of  this  agreement,  and  make  report  thereon  to 
the  Unted  States  district  attorneys. 

22.  If  any  person  whose  name  appears  upon  the  rolls,  prepared  as  herein 

provided,  shall  have  died  subsequent  to  the  ratification  of  this  agreement  and 
before  receiving  his  allotment  of  land  the  lands  to  which  such  person  would 
have  been  entitled  if  living  shall  be  allotted  in  his  name,  and  shall,  together 
with  his  proportionate  share  of  other  tribal  property,  descend  to  his  heirs 
according  to  the  laws  of  descent  and  distribution  as  provided  in  chapter 
forty-nine  of  Mansfield’s  Digest  of  the  Statutes  of  Arkansas:  Provided,  That 

the  allotment  thus  to  be  made  shall  be  selected  by  a duly  appointed  adminis- 
trator or  executor.  If,  however,  such  administrator  or  executor  be  not  duly 
and  expeditiously  appointed,  or  fails  to  act  promptly  when  appointed,  or  for 
any  other  cause  such  selection  be  not  so  made  within  a reasonable  and  prac 
ticable  time,  the  Commission  to  the  Five  Civilized  Tribes  shall  designate  the 
lands  thus  to  be  allotted. 

23.  Allotment  certificates  issued  by  the  Commission  to  the  Five  Civilized 
Tribes  shall  be  conclusive  evidence  of  the  right  of-  any  allottee  to  the  tract 
of  land  described  therein;  and  the  United  States  Indian  Agent  at  the  Union 
Agency  shall,  upon  the  application  of  the  allottee,  place  him  in  possession 
of  his  allotment,  and  shall  remove  therefrom  all  persons  objectionable  to  such 
allottee  and  the  acts  of  the  Indian  Agent  hereunder  shall  not  be  controlled 
by  the  writ  or  process  of  any  court. 

24.  Exclusive  jurisdiction  is  hereby  conferred  upon  the  Commission  to 
the  Five  Civilized  Tribes  to  determine  under  the  direction  of  the  Secretary  of 
the  Interior  ail  matters  relating  to  the  allotment  of  lands. 

EXCESSIVE  HOLDINGS. 

26.  After  the  opening  of  a land  office  for  allotment  purposes  in  both  the 
Choctaw  and  Chickasaw  Nations  any  citizen  or  freedman  of  either  of  said 
nations  may  appear  before  the  Commission  to  the  Five  Civilized  Tribes  at 
the  land  office  in  the  nation  in  which  his  land  is  located  and  make  application 
for  his  allotment  and  for  allotments  for  members  of  his  family  and  for  other 
persons  for  whom  he  is  lawfully  authorized  to  apply  for  allotments,  including 
homesteads,  and  after  the  expiration  of  ninety  days  following  the  opening  of 
such  land  offices  any  such  applicant  may  make  allegation  that  the  land  or 
any  part  of  the  land  that  he  desires  to  have  allotted  is  held  by  another  citizen 
or  person  in  excess  of  the  amount  of  land  to  which  said  citizen  or  person  is 


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lawfully  entitled,  and  that  he  desires  to  have  said  land  allotted  to  him  or  mem- 
bers of  his  family  as  herein  provided;  and  thereupon  said  Commission  shall 
serve  notice  upon  the  person  alleged  to  be  holding  land  in  excess  of  the  lawful 
amount  to  which  he  may  be  entitled,  said  notice  to  set  forth  the  fact  alleged 
and  the  name  and  post-office  address  of  the  person  alleging  the  same,  and  the 
rights  and  consequences  herein  provided,  and  the  person  so  alleged  to  be 
holding  land  contrary  to  law  shall  be  allowed  thirty  days  from  the  date  of 
the  service  of  said  notice  in  which  to  appear  at  one  of  said  land  offices  and  to 
select  his  allotment  and  the  allotments  he  may  be  lawfully  authorized  to 
select,  including  homesteads;  and  if  at  the  end  of  thirty  days  last  provided 
for  the  person  upon  whom  said  notice  has  been  served  has  not  selected  his 
allotment  and  allotments  as  provided,  then  the  Commission  to  the  Five  Civil- 
ized Tribes  shall  immediately  make  or  reserve  said  allotment  for  the  person 
or  persons  who  have  failed  to  act  in  accordance  with  the  notice  aforesaid, 
having  due  regard  for  the  best  interest  of  said  allottees;  and  after  such  allot- 
ments have  been  made  or  reserved  by  said  Commission,  then  all  ether  lands 
held  or  claimed,  or  previously  held  or  claimed  by  said  person  or  persons,  shall 
be  deemed  a part  of  the  public  domain  of  the  Choctaw  and  Chickasaw  nations 
and  be  subject  to  disposition  as  such:  Provided,  That  any  persons  who  have 
previously  applied  for  any  part  of  said  lands  shall  have  a prior  right  of  allot- 
ment of  the  same  in  the  order  of  the  applications  and  as  their  lawful  rights 
may  appear. 

If  any  citizen  or  freedman  of  the  Choctaw  or  Chickasaw  nations  shall 
not  have  selected  his  allotment  within  twelve  months  after  the  date  of  the 
opening  of  said  land  offices  in  said  nations,  if  not  herein  otherwise  provided, 
and  provided  that  twelve  months  shall  have  elapsed  from  the  date  of  the  approval 
of  his  enrollment  by  the  Secretary  of  the  Interior,  then  the  Commission  to 
the  Five  Civilized  Tribes  may  immediately  proceed  to  select  an  allotment,  in- 
cluding a homestead  for  such  person  said  allotment  and  homestead  to  be  select- 
ed as  the  commission  may  deem  for  the  best  interest  of  said  person 
and  the  same  shall  be  of  the  same  force  and  effect  as 
if  such  selection  had  been  made  by  such  citizen  or  freedman  in 
person,  and  all  lands  held  or  claimed  by  such  persons  for  whom  allotments 
have  been  selected  by  the  Commission  as  provided,  and  in  excess  of  the 
amount  included  in  said  allotments,  shall  be  a part  of  the  public  domain  of 
the  Choctaw  anti  Chickasaw  nations  and  be  subject  to  disposition  as  such. 

26.  The  following  lands  shall  be  reserved  from  the  allotment  of  lands 
herein  provided  for: 

(a)  All  lands  set  apart  for  townsites  either  by  the  terms  of  the  Atoka 
agreement,  the  Act  of  Congress  of  May  31,  1900,  (31  Stats.,  221),  as  herein 
assented  to,  or  by  the  terms  of  this  agreement. 

(b)  All  lands  to  which,  at  the  date  of  the  final  ratification  of  this  agree- 
ment, any  railroad  company  may  under  any  treaty  or  Act  of  Congress,  have 
a vested  right  for  right  of  way,  depot,  station  grounds,  water  stations,  stock 
yards,  or  similar  uses  connected  with  the  maintenance  and  operation  of  the 
railroad 

( pi  the  str.p  of  land  lying  between  the  city  of  Fort  Smith,  Arkansas, 
and  tie  Arkansas  and  Poteau  rivers,  extending  up  the  said  Poteau  river  to  the 
mouth  of  Mill  C reek. 

(cl)  All  lands  which  shall  be  segregated  and  reserved  by  the  Secretary 
of  the  Interior  tn  acoount  of  their  coal  or  asphalt  deposits,  as  hereinafter 
provided.  And  the  lands  selected  by  the  Secretary  of  the  Interior  at  and  in 


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CREEK  NATION  GIRLS  IN  NATIVE  DRESS. 


OUiiB  HOTEL,  VINITA. 


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BRADLEY’S  MANUAL  OF  STATISTICAL  INFORMATION. 


the  vicinity  of  Sulphur  in  the  Chickasaw  Nation,  under  the  cession  to  the 
United  States  hereunder  made  by  said  tribes. 

(e)  One  hundred  and  sixty  acres  for  Jones  Academy. 

(f)  Cne  hundred  and  sixty  acres  for  Tuskahoma  Female  Seminary. 

(g;  One  hundred  and  sixty  acres  for  Wheelock  Orphan  Seminary. 

(h)  One  hundred  and  sixty  acres  for  Armstrong  Orphan  Academy. 

(i)  Fiv^  acres  for  capitol  building  of  the  Choctaw  Nation. 

(j)  One  hundred  and  sixty  acres  for  Bloomfield  Academy. 

(lc)  One  hundred  and  sixty  acres  for  Lebanon  Orphan  Home. 

(l)  One  hundred  and  sixty  acres  for  Harley  Institute.  . 

(m)  One  hundred  and  sixty  acres  for  Rock  Academy. 

(n)  One  hundred  and  sixty  acres  for  Collins  Institute. 

(o)  Five  acres  for  the  capitol  building  of  the  Chickasaw  Nation. 

(p)  Eighty  acres  for  J.  S.  Murrow. 

(41  Eighty  acres  for  H.  R.  Sehermerhorn. 

(r)  Eighty  acres  for  widow  of  R.  S.  Bell. 

(s)  A leusonable  amount  of  land,  to  be  determined  by  the  tcwnsite 

commissioners,  to  include  all  tribal  court-houses  and  jails  and  other  tribal 
public  buildings.  * 

(t)  Five  acres  for  any  cemetery  located  by  the  townsite  commissioners 
prior  to  the  date  of  the  final  ratification  of  this  agreement. 

(u)  One  acre  for  any  church  under  the  control  of  and  used  exclusively 
by  the  Ct<  etaw  or  Chickasaw  citizens  at  the  date  of  the  final  ratification  of 
this  agreement. 

( v ; One  acre  each  for  all  Choctaw  or  Chickasaw  schools  under  the 
supervision  of  the  authorities  of  the  Choctaw  or  Chickasaw  Nations  and 
officials  of  Ho  United  States. 

And  the  r.cre  so  reserved  for  any  church  or  school  in  any  quarter  section 
of  land  shall  be  located  when  practicable  in  a corner  of  such  quarter  section 
h ing  adjacent  to  the  section  line  thereof. 

ROLLS  OF  CITIZENSHIP. 

27  The  rolls  of  the  Choctaw  and  Chickasaw  citizens  and  Choctaw  and 
Chickasaw  freedmen  shall  be  made  by  the  Commission  to  the  Five  Civilized 
Tribes,  in  strict  compliance  with  the  Act  of  Congress  approved  June  28,  1898, 
CT  Stats.,  195),  and  the  act  of  Congress  approved  May  31,  1900,  (31  Stats., 
223),  except  as  herein  otherwise  provided:  Provided,  That  no  person  claiming 

right  to  enrollment  and  allotment  and  distribution  of  tribal  property,  by  virtue 
of  a judgment  of  the  United  States  Court  in  the  Indian  Territory  under  the 
act  of  June  10,  1896,  (29  Stats.,  321),  and  which  right  is  contested  by  legal 
proceedings  instituted  under  the  provisions  of  this  agreement,  shall  be  en- 
rolled or  receive  allotment  of  lands  or  distribution  of  tribal  property  until 
his  light  thereto  has  been  finally  determined: 

28.  The  names  of  all  persons  living  on  the  date  of  the  final  ratification 
of  this  agreement  entitled  to  he  enrolled  as  provided  in  section  27  hereof 
shall  be  placed  upon  the  rolls  made  by  said  Commission;  and  no  child  born 
thereafter  to  a citizen  ®r  freedman  and  no  person  intermarried  thereafter  to 
a citizen  shall  he  entitled  to  enrollment  or  to  participate  in  the  distribution  of 
the  tribal  property  of  the  Choctaws  and  Chickasaws. 

29.  No  person  whose  name  appears  upon  the  rolls  made  by  the  Commission 
to  the  Five  Civilized  Tribes  as  a citizen  or  freedman  of  any  other  tribe  shall  be 
enrolled  as  a citizen  or  freedman  of  the  Choctaw  or  Chickasaw  nations. 


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73 


30.  For  the  purpose  of  expediting  the  enrollment  of  the  Choctaw  and 
Chickasaw  citizens  and  Choctaw  and  Chickasaw  freedmen,  the  said  commis- 
sion shall,  from  time  to  time,  and  as  early  as  practicable,  forward  to  the  Sec- 
ret. i’w  of  the  Interior  lists  upon  which  shall  be  placed  the  names  of  those 
persons  found  Dy  the  Commission  to  be  entitled  to  enrollment.  The  lists 
thus  prepared,  when  approved  by  the  Secretary  of  the  Interior,  shall  constitute 
a part  and  parcel  of  the  final  rolls  of  citizens  of  Choctaw  and  Chickasaw  tribes 
and  of  Choctaw  and  Chickasaw  freedmen,  upon  which  allotment  of  Sand  and 
disf'i'jutiou  of  other  tribal  property  shall  be  made  as  herein  provided.  Lists 
shall  be  n rde  up  and  forwarded  when  contests  of  whatever  character  shali 
have  bten  determined,  and  when  there  shall  have  been  submitted  to  and 
approved  by  the  Secretary  of  the  Interior  lists  embracing  names  of  all  those 
lawfully  entitled  to  enrollment,  the  rolls  shall  be  deemed  complete.  The  rolls 
so  prepared  shall  be  made  in  quintuplicate,  one  to  be  deposited  with  the  Sec- 
retary of  the  interior,  one  with  the  Commissioner  of  Indian  Affairs  one  with 
the  principal  chief  of  the  Choctaw  Nation,  one  with  the  governor  of  the  Chick- 
asaw nation,  and  one  to  remain  witn  the  Commission  to  the  Five  Civilized 
T ribes. 

31.  It  being  claimed  and  insisted  by  the  Choctaw  and  Chickasaw  nations 

that  the  United  States  courts  in  the  Indian  Territory,  acting  under  the  act 
of  Congress  approved  June  10,  1896,  have  admitted  persons  to  citizenship 
or  to  enrollment  as  such  citizens  in  the  Choctaw  and  Chickasaw  nations,  re- 
spectively, without  notice  of  the  proceedings  in  such  courts  being  given  to 
each  of  said  nations;  and  it  b ing  insisted  by  said  nations 

that,  in  such  proceedings,  notice  to  each  of  said  nations 

was  indispensable,  and  it  being  claimed  and  insisted  by  said  nations  that  the 
proceedings  in  the  Unted  States  courts  in  the  Indian  Territory,  under  the 
said  act  of  June  10,  1896,  should  have  been  confined  to  a review  of  the  action 
of  the  Commission  to  the  Five  Civilized  Tribes,  upon  the  papers  and  evidence 
submitted  to  such  commission,  and  should  not  have  extended  to  a trial  de 
novo  of  the  question  of  citizenship;  and  it  being  desirable  to  finally  determine 
these  questions,  the  two  nations,  jointly,  or  either  of  said  nations  acting  sep- 
arately and  making  the  other  a party  defendant,  may,  within  ninety  days 
after  this  agreement  becomes  effective,  by  a bill  in  equity  filed  in  the  Choctaw 
and  Chickasaw  citizenship  court  hereinafter  named,  seek  the  annulment  and 
vacation  of  all  such  decisions  by  said  courts.  Ten  persons  so  admitted  to 
citizenship  or  enrollment  by  said  courts,  with  notice  to  one  but  not  to  botn 
of  said  nations,  shall  be  made  defendants  to  said  suit  as  representatives  of 
the  entire  class  of  persons  similarly  situated  the  number  of  such  persons  being 
too  numerous  to  require  all  of  them  to  be  made  individual  parties  to  the  suit, 
but  any  person  so  situated  may,  upon  his  application,  be  made  a party  de- 
fendant to  the  suit.  Notice  of  the  institution  of  the  said  suit  shall  be  person- 
ally served  upon  the  chief  executive  of  the  defendant  nation,  if  either  nation 
be  made  a party  defendant,  as  aforesaid,  and  upon  each  of  said  ten  representa- 
tive defendants,  and  shall  also  be  published  for  a period  of  lour  weeks  in  at  least 
two  weekly  newspapers  having  general  circulation  in  the  Choctaw  and  Chick- 
asaw nations.  Such  notice  shall  set  forth  the  nature  and  prayer  of  the  bill, 
wiin  the  time  for  answering  the  same,  which  shall  not  be  less  ^an  thirty  days 
after  the  last  publication.  Said  suit  shall  be  determined  at  the  earliest 
practicable  time,  shall  be  confined  to  a final  determination  of  the  question 
of  law  here  named,  and  shall  be  without  prejudice  to  the  determination  of 
any  charge  or  claim  that  the  admisston  of  such  persons  to  citizenship  or  en- 


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BRADLEY’S  MANUAL  OF  STATISTICAL  INFORMATION. 


rollment  by  said  United  States  Courts  in  the  Indian  Territory  was  wrongfully 
obtained  as  provided  in  the  next  section.  In  the  event  said  citizenship  judg- 
ment or  decisions  are  annulled  or  vacated  in  the  test  suit  hereinbefore  author- 
ized, because  of  either  or  both  of  the  irregularities  claimed  and  insisted  upon 
by  said  nations  as  aforesaid,  then  the  files,  papers,  and  proceedings  in  any 
citizenship  case  in  which  the  judgment  or  decision  is  so  annulled  or  vacated 
shall,  upon  wiltien  application  therefor,  made  within  ninety  days  tnereafter 
by  any  party  tnereto,  who  is  thus  deprived  of  a favorable  judgment  upon  his 
claimed  citizenship,  be  transferred  and  certifies  to  said  citizenship  court  by 
the  court  having  custody  and  control  of  such  files,  papers  and  proceedings  and 
upon  the  filing  in  such  citizenship  court  of  the  files,  papers  and  proceedings 
of  the  transfer  and  certification  thereof  has  been  given  to  the  chief  executive 
officer  of  each  of  said  nations,  said  citizenship  case  shall  be  docketed  in  said 
citizensnip  court,  and  such  further  proceedings  shall  be  had  therein  in  that 
court  as  ought  to  have  been  had  in  the  court  to  which  the  same  was  taken 
on  appeal  from  the  Commission  to  tne  Five  Civilized  Tribes,  and  as  if  no 
judgment  or  decision  had  been  rendered  therein. 

33.  Said  citizenship  court  shall  also  have  appellate  jurisdiction  over  ail 
judgments  cf  Die  courts  in  Indian  Territory  rendered  under  said  Act  of  Con- 
gress cf  June  tenth,  eighteen  hundred  and  ninety-six,  admitting  persons  to 
citizenship  or  to  enrollment  as  citizens  in  either  of  said  nations.  The  right 
of  appeal  may  be  exercised  by  the  said  natons  jontly  or  by  either  of  them 
acting  separately  at  any  time  within  six  months  after  this  agreement  is  finally 
ratified,  in  fhe  exercise  of  such  appellate  jurisdiction  said  citizenship  court 
shail  be  authorized  to  consider,  review,  and  revise  all  such  judgments,  both 
as  to  findings  of  fact  and  conclusions  of  law,  and  may,  wherever  in  its  judg- 
ment substantial  justice  will  thereby  he  subserved,- permit  either  party  to  any 
such  appeal  to  take  and  present  such  further  evidence  as  may  be  necessary 
to  enable  said  court  to  determine  the  very  right  of  the  controversy.  And  said 
court  shall  have  power  to  make  all  needful  rules  and  regulations  prescribing 
the  manner  of  taking  and  conducting  said  appeals  and  of  taking  additional 
evidence  t’mrem.  Such  citizenship  court  shall  also  have  like  appellate  juris- 
diciion  and  authority  over  judgments  rendered  by  such  courts  under  the  said 
act  denying  claims  to  citizenship  or  to  enrollment  as  citizens  in  either  of  said 
nations.  Such  appeals  shall  be  taken  within  the  time  hereinbefore  specified 
and  shall  he  taken,  conducted  and  disposed  of  in  the  same  manner  as  appeals 
by  the  said  naiions,  save  that  notice  or  appeals  by  citizenship  claimants  shall 
he  served  urnn  the  chief  executive  officer  of  both  nations:  Provided,  That 

paragraphs  thirty-one,  thirty-two  and  thirty-three  hereof  shall  go  into  effect 
immediately  after  the  passage  of  this  Act  by  Congress. 

33.  A court  is  hereby  created  to  be  known  as  the  Choctaw  and  Chicka- 
saw Citizenship  Court,  the  existence  of  which  shall  terminate  upon  the  final 
determination  of  the  suits  and  proceedings  named  in  the  last  two  preceding 
sections,  but  in  no  event  later  than  the  31st  day  of  December,  1903.  Said 
court  shalx  have  all  authority  and  power  necessary  to  the  hearing  and  deter- 
mination of  Ihe  suits  and  proceedings  so  committed  to  its  jurisdiction  includ- 
ing the  authority  to  issue  and  enforce  all  requisite  writs,  process  and  orders 
and  to  prescribe  rules  and  regulations  for  the  transaction  of  its  business.  It 
shall  also  have  all  the  power  of  a Circuit  Court  of  the  United  States  in  com- 
pelling the  production  of  books,  papers,  and  documents,  the  attendance  of 
witnesses,  ant.  in  punishing  contempt.  Except  where  herein  otherwise  ex- 
pressly provided,  the  pleadings,  practice  and  proceedings  in  said  court  shall 


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75 


conform,  as  near  as  may  be,  to  the  pleadings,  practice  and  proceedings  in 
equity  causes  in  the  Circuit  Courts  of  the  United  States.  The  testimony  shall 
be  taken  in  court  or  before  one  of  the  judges,  so  far  as  practicable.  Each 
judge  shall  be  authorized  to  grant,  in  vacation  or  recess,  interlocutory  orders 
and  to  hear  and  dispose  of  interlocutory  motions  not  affecting  the  substantia; 
merits  of  the  case.  Said  court  shall  have  a chief  judge  and  two  associate 
judges,  a clerk,  a stenographer,  who  shall  be  deputy  clerk,  and  a bailiff.  The 
judges  shall  be  appointed  by  the  President,  by  and  with  the  advice  and  con- 
sent of  the  Senate,  and  shall  each  receive  a compensation  of  five  thousand 
dollars  per  annum,  and  his  necessary  and  actual  traveling  and  personal  ex- 
penses while  engaged  in  the  performance  of  his  duties.  The  clerk,  stenog- 
rapher, and  bailiff  shall  be  appointed  by  the  judges,  or  a majority  of  them, 
and  shall  receive  the  following  yearly  compensation:  Clerk,  two  thousand 

fou:  hundred  dollars;  stenographer,  twelve  hundred  dollars;  bailiff,  nine  hun- 
dred dollars.  The  compensation  of  all  these  Officers  shall  be  paid  by  the 
United  States  in  monthly  installments.  The  moneys  to  pay  said  compensation 
are  hereby  appropriated,  and  there  is  also  hereby  appropriated  the  sum  of 
five  thousand  dollars,  or  so  much  thereof  as  may  be  necessary,  to  be  expended 
under  the  direction  of  the  Secretary  of  the  Interior,  to  pay  such  contingent 
expenses  of  said  court  and  its  officers  as  to  such  Secretary  may  seem  proper. 
Said  court  shall  have  a seal,  shall  sit  at  such  a place 

or  places  in  the  Choctaw  and  Chickasaw  nations  as  the  judges 

may  designate,  and  shall  hold  public  sessions,  beginning  the  first  Monday  in 
each  month,  so  far  as  may  be  practicable  or  necersary.  Each  judge  and  the 
clerk  and  the  deputy  clerk  shall  be  authorized  to  administer  oaths.  All  writs 
and  process  issued  by  said  court  shall  be  served  by  the  United  States  Marshal 
for  the  cistrict  m which  the  service  is  to  be  had.  The  fees  for  servirg  pro- 
cess and  the  fees  of  witnesses  shall  be  paid  by  the  party  at  whose  instance 
such  process  is  issued  or  such  witnesses  are  subpoenaed,  and  the  rate  or 
ainiiii  ■ or,  such  fees  shall  be  the  same  as  is  allowed  in  civil  causes  in  the 
circuit  court  of  the  United  States  for  the  Western  District  of  Arkansas.  No 
fees  shall  be  charged  by  the  clerk  or  other  officers  of  said  court.  The  clerk 
of  tbs  United  States  Court  in  Indian  Territory,  having  custody  and  control 
of  the  files,  papers,  and  proceedings  in  the  original  citizenship  cases,  shall  re- 
ceive a fee  of  two  dollars  and  fifty  cents  for  transferring  and  certifying  tc 
the  citizenship  court  the  files,  papers,  and  proceedings  in  each  case,  without 
regard  to  «Le  number  of  persons  whose  citizenship  is  involved  therein,  and 
said  fee  shall  be  paid  by  the  person  appealing  for  such  transfer  and  certification. 
The  judgment  of  the  citizenship  court  in  any  or  all  of  the  suits  or  proceed- 
ings so  committed  to  its  jurisdiction  shall  be  final.  All  expenses  necessary 
to  the  proper  conduct,  on  behalf  of  the  nations,  of  the  suits  and  proceedings 
provided  for  in  this  and  the  two  preceding  sections  shall  be  incurred  under 
the  direction  of  the  executives  of  the  two  nations,  and  the  Secretary  of  the 
Interior  is  hereby  authorized,  upon  certificate  of  said  executives,  to  pay  such 
expenses  as  in  his  judgment  are  reasonable  and  necessary  out  of  any  of  the 
joint  funds  of  said  nations  in  the  Treasury  of  the  United  States. 

34.  During  the  ninety  days  first  following  the  date  of  the  final  ratifica- 
tion of  this  agreement,  the  Commission  to  the  live  Civilized  Tribes  may  re- 
ceive applications  for  enrollment  only  of  persons  whose  names  are  on  the 
tribal  rolls,  but  who  have  not  heretofore  been  enrolled  by  said  Commission, 
commonly  known  as  '‘delinquents,”  and  such  intermarried  white  persons  as 
may  have  married  recognized  citizens  of  the  Choctaw  and  Chickasaw  nations 


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BRADLEY’S  MANUAL  OF  STATISTICAL  INFORMATION. 


in  accord  Free  with  the  tribal  laws,  customs  and  usages  on  or  before  the  date 
of  the  passage  of  this  act  by  Congress;  and  such  infant  children  as  may  have 
been  born  tc  recognized  and  enrolled  citizens  on  or  before  the  date  of  the 
final  ratification  of  this  agreement;  but  the  application  of  no  person  whomso- 
ever, for  enrollment  shall  be  received  after  the  expiration  of  the  said  ninety 
days  Provided,  That  nothing  in  this  section  shall  apply  to  any  person 
or  persons  malting  application  for  enrollment  as  Mississippi  Choctaws  for 
whom  provision  has  herein  otherwise  been  made. 

35.  No  person  whose  name  does  not  appear  upon  the  rolls  prepared  as 
herein  provided  shall  be  entitled  to  in  any  manner  participate  in  the  dis- 
tribution of  the  common  property  of  the  Choctaw  and  Chickasaw  tribes,  and 
tboc_  "'hose  names  appear  thereon  shall  participate  in  the  manner  set  forth 
in  this  agreement:  Provided,  That  no  allotment  of  land  or  other  tribal  prop- 

erty shall  be  made  to  any  person,  or  to  the  heirs  of  any  person  whose  name 
is  on  the  said  rolls,  and  who  died  prior  to  the  date  of  the  final  ratification  of 
this  agreement.  The  right  of  such  person  to  any  interest  in  the  lands  or  other 
tribal  property  shall  be  deemed  to  have  become  extinguished  and  to  have 
passed  to  the  tribe  in  general  upon  his  death  before  the  date  of  the  final  rati- 
fication of  this  agreement,  and  any  person  or  persons  who  may  conceal  the 
death  cf  anyone  on  said  rolls  as  aforesaid,  for  the  purpose  of  profiting  by  the 
said  concealment,  and  who  shall  knowingly  receive  any  portion  of  any  land 
or  oi  her  tribal  property,  or  of  the  proceeds  so  arising  from  any  allotment  pro- 
hibited by  this  section,  shall  be  deemed  guilty  if  a felony,  and  shall  be  pro- 
ceeded against  as  may  be  provided  in  other  cases  of  felony,  and  the  penalty 
for  this  offense  shall  be  confinement  at  hard  labor  for  a period  of  not  less 
than  one  year  nor  more  than  five  years,  and  in  addition  thereto,  a forfeiture  to 
the  Choctaw  and  Chickasaw  nations  of  the  lands,  or  other  tribal  property,  and 
proceeds  so  obtained. 

CHICKASAW  FREEDMEN. 

3b.  Authority  is  hereby  conferred  upon  the  Court  of  Claims  to  determine 
the  existing  controversy  respecting  the  relations  of  the  Chickasaw  freedmen 
to  the  Chickasaw  nation  and  the  rights  of  such  freedmen  in  the  lands  of  the 
Choc1  aw  and  Chickasaw  nations  under  the  third  article  of  the  treaty  of  eigh- 
teen hundred  and  sixty-six,  between  the  United  States  and  the  Choctaw  and 
Chickasaw  Nations,  and  under  any  and  all  laws  subsequently  enacted  by  the 
Chickasaw  legislature  or  by  Congress. 

37.  To  that  end  the  Attorney  General  of  the  United  States  is  hereby  di- 
rected, on  behalf  of  the  United  States,  to  file  in  said  Court  of  Claims,  within 
sixty  days  afte1"  this  agreement  becomes  effective,  a bill  of  interpleader  against 
the  Choctaw  and  Chickasaw  nations  and  the  Chickasaw  freedmen,  setting  forth 
the  existing  controversy  between  the  Chickasaw  nation  and  the  Chickasaw 
freedmen  and  praying  that  the  defendants  thereto  be  required  to  interplead 
and  settle  their  respective  rights  in  such  suit. 

38.  Service  of  process  in  the  suit  may  be  had  on  the  Choctaw  and  Chick- 
asaw nations,  respectively,  by  seiwing  upon  the  principal  chief  of  the  forme? 
and  the  governor  of  the  latter  a certified  copy  of  the  bill,  with  a notice  of  the 
time  for  answering  the  same,  which  shall  not  he  less  than  thirty  nor  more 
than  sixty  days  after  such  service,  and  may  be  had  upon  the  Chickasaw  freed- 
men by  serving  upon  each  of  three  known  and  recognized  Chickasaw  freed- 
men a certified  copy  of  the  bill,  with  a like  notice  of  the  time  for  answering  the 
same,  and  by  publishing  a notice  of  the  commencement  of  the  suit,  setting 
forth  the  nature  and  prayer  of  the  bill,  with  the  time  for  answering  the  same. 


BRADLEY’S  MANUAL  OF  STATISTICAL  INFORMATION. 


77 


CHARLES  GIBSON  AND  HIS  LITTLE  GIRL,  EUFAULA. 


OUT  FOR  A DRIVE  IN  THE  INDIAN  TERRITORY. 


78 


BRADLEY’S  MANUAL  OF  STATISTICAL  INFORMATION. 


for  a period  of  three  weeks  in  at  least  two  weekly  newspapers  having  gen- 
eral circulation  m the  Chickasaw  nation. 

30.  The  Choctaw  and  Chickasaw  nations,  respectively,  may  in  the  man- 
ner prescribed  in  sections  twenty-one  hundred  and  three  to  twenty-one  hun 
<3 red  and  six,  both  inclusive,  of  the  Revised  Statutes,  employ  counsel  to  repre- 
sent them  in  such  suit  and  protect  their  interests  therein;  the  Secretary  of 
the  Interior  shall  employ  competent  counsel  to  represent  the  Chickasaw 
freedmen  in  said  suit  and  to  protect  their  interests  therein;  and  the  compensa- 
tion of  counsel  so  employed  for  the  Chickasaw  freedmen,  including  all  costs 
of  printing  their  briefs  and  other  incidental  expenses  on  their  part,  not  ex- 
ceeding six  thousand  dollars,  shall  oe  paid  out  of  the  Treasury  of  the  United 
States  upon  certificate  of  the  Secretary  of  the  Interior  settting  forth  the  em- 
ployment and  the  terms  thereof,  and  stating  that  the  required  services  have 
been  duly  rendered;  and  any  party  feeling  aggrieved  at  the  decree  of  the 
Court  of  Claims,  or  any  part  thereof,  may,  within,  sixty  days  after  the  rendition 
thereof  appeal  to  the  Supreme  Court,  and  in  each  of  said  courts  the  suits 
shall  te  advanced  for  hearing  and  decision  at  the  earliest  practicable  time. 

40.  In  i ho  meantime  the  Commission  to  the  Five  Civilized  Tribes  shall 

make  a roil  of  the  Chickasaw  freedmen  and  their  descendants,  as  provided  in 
the  Atoka  agreement,  and  shall  make  allotments  to  them  as  provided  in  this 
agreement,  which  said  allotments  shaft  he  held  by  the  said  Chickasaw  freed- 
men,  not  as  temporary  allotments,  hut  as  final  allotments,  and  in  the  event 
that  R shall  he  finally  determined  in  said  suit  that  the  Chickasaw  freedmen 
are  roi,  independently  of  this  agreement,  entitled  to  allotments  in  the  Choc- 
taw and  Chickasaw  lands,  the  Court  ot  Claims  shall  render  a decree  in  favor 
of  (be  Choctaw  and  Chickasaw  nations  according  to  their  respective  interests, 
and  againsc  the  United  States,  ior  the  value  of  the  lands  so  allotted  to  the 
Chickasaw  freedmen  as  ascertained  by  the  appraisal  thereof  made  by  the 
Coir  mission  to  the  Five  Civilized  Tribes  for  the  purpose  of  allotment,  which 
decree  shall  take  the  place  of  the  said  lands  and  shall  be  in  full  satisfaction 
of  all  claims  by  the  Choctaw  and  Chickasaw  nations  against  the  United  States 
or  the  said  freedmen  on  account  of  the  taking  of  the  said  lands  for  allotment 
to  said  freedmen:  Provided,  that  nothing  contained  in  this  paragraph  shall 

he  construed  to  effect  or  change  the  existing  status  or  rights  of  the  two  tribes 
as  between  themselves  respecting  the  lands  taken  for  allotment  to  freedmen 
or  the  money,  if  any,  recovered  as  compensation  tnerefor,  as  aforesaid. 

MISSISSIPPI  CHOCTAWS. 

41.  All  persons  auly  identified  by  the  Commission  to  the  Five  Civilized 
Tribes  under  the  provisions  of  section  21  of  the  act  of  Congress  approved 
june  28,  1898  (30  Stats.,  495),  as  Mississippi  Choctaws  entitled  to  benefits 
under  article  14  of  the  treaty  between  the  United  States  and  the  Choctaw 
nation  concluded  September  27,  1830,  may,  at  any  time  within  six  months 
after  the  date  or  their  identification  as  Mississippi  Choctaws  by  the  said  Com- 
mission, make  tona  fide  settlement  within  the  Choctaw-Chickasaw  country, 
and  upon  proof  of  such  settlement  to  such  Commission  within  one  year  after 
the  date  of  their  said  identification  as  Mississippi  Choctaws  shall  be  enrolled 
by  such  Commission  as  Mississippi  Choctaws  entitled  to  allotment  as  herein 
provided  for  citizens  of  the  tribes,  subject  to  the  special  provisions  herein  pro" 
vided  as  to  Mississippi  Choctaws,  and  said  enrollment  shall  be  final  when  ap- 
proved by  the  Secretary  of  the  Interior.  The  application  of  no  person  for 
identification  as  a Mississippi  Choctaw  shall  be  received  by  said  Commission 


BRADLEY’S  MANUAL  OF  STATISTICAL  INFORMATION. 


79 


after  six  months  subsequent  to  the  date  of  the  final  ratification  of  this  agree- 
ment and  m the  disposition  of  such  applications  all  full-bl  od  Mississippi 
Choctaw  Indians  and  the  descendants  of  any  Mississippi  Choctaw  Indians 
whether  of  full  or  mixed  blood  who  received  a patent  to  land  under  the  said 
fourteenth  article  of  the  said  treaty  of  eighteen  hundred  and  thirty  who  had 
not  moved  to  and  made  bona  fide  settlement  in  the  Choctaw-Chickasaw  coun- 
try prior  to  June  twenty-eight,  eighteen  hundred  and  ninety-eight,  shall  P« 
deemed  to  be  Mississippi  Choctaws,  entitled  to  benefits  under  article  four- 
teen 01  the  sam  treaty  of  September  twenty-seventh,  eighteen  hundred  and 
thirty,  and  to  identification  as  such  by  said  Commission,  but  this  direction 
or  provision  shall  be  deemed  to  be  only  a rule  of  evidence  and  shall  not  be 
invoked  by  or  operate  to  the  advantage  of  any  applicant  who  is  not  a Miss- 
ippi  Choctaw  who  received  a patent  to  land  under  said  treaty,  or  who  is 
ippi  Choctew  who  received  a patent  to  land  under  said  treaty,  or  who  is 
otherwise  barred  from  the  right  of  citizenship  in  the  Choctaw  Nation,  all  of 
said  Mississippi  Choctaws  so  enrolled  by  said  Commission  shall  be  upon  a 
separate  roll. 

42.  When  any  such  Mississippi  Choctaws  shall  have  in  good  faith  contin- 
uously resided  upon  the  lands  of  the . Choctaw  and  Chickasaw  Nations  for  a 
period  of  three  years,  including  his  residence  thereon  before  and  after  such 
enrollment,  he  shall,  upon  due  proof  of  such  continuous  bona  fide  residence, 
made  in  such  manner  and  before  such  officer  as  may  be  designated  by  the 
Secretary  of  une  Interior,  receive  a patent  for  his  allotment,  as  provided  in  the 
Atoka,  agreement,  and  he  shall  hold  the  lands  allotted  to  him  as  provided  ir. 
this  agreement  for  citizens  of  the  Choctaw  and  Chickasaw  nations. 

43.  Applications  for  enrollment  as  Mississippi  Choctaws,  and  applica- 
tions to  have  land  set  apart  to  them  as  such,  must  be  made  personally  before 
to  Commission  to  the  Five  Civilized  Tribes.  Fathers  may  apply  for  their  minor 
children;  and  if  the  father  be  dead,  the  mother  may  apply;  husbands  may 
apply  for  wives.  Applications  for  orphans,  insane  persons,  and  persons  of 
unsound  mind  may  be  made  by  duly  appointed  guardian  or  curator,  and  for 
aged  and  infirm  persons  and  prisoners  by  agents  duly  authorized  thereunto 
by  power  of  attorney,  in  the  discretion  of  said  Commission. 

44.  If  within  four  years  after  such  enrollment  any  such  Mississippi  Choc- 
taw, or  his  heirs  or  representatives  if  he  be  dead,  fails  to  make  proof  of  such 
continuous  bona  fide  residence  for  the  period  so  prescribed,  or  up  to  the  time 
of  the  death  or  such  Mississippi  Choctaw,  in  case  of  his  death  after  enroll- 
ment, he,  and  his  heirs  and  representatives  if  he  be  dead,  shall  be  deemed  to 
have  acquired  i o interest  in  the  lands  set  apart  to  him,  and  the  same  shall 
be  sold  at  public  auction  for  cash,  under  rules  and  regulations  prescribed  by 
the  Secretary  cf  the  Interior,  and  the  proceeds  paid  into  tne  Treasury  of 
the  United  States  to  the  credit  of  the  Choctaw  and  Chickasaw  tribes,  and 
distributed  per  capita  with  other  funds  of  the  tribes.  Such  lands  shall  not 
be  sold  for  less  than  their  appraised  value.  Upon  payment  of  the  full  purchase- 
price  patent  shall  issue  to  the  purchaser. 

TOWN  SITES. 

45.  The  Choctaw  and  Chickasaw  tribes  hereby  assent  to  the  act  of 
Congress  approved  May  31,  1900  (31  Stats.,  221),  in  so  far  as  it  pertains  to 
town  sites  in  the  Choctaw  and  Chickasaw  nations,  ratifying  and  confirming 
all  acts  of  the  Government  of  the  United  States  thereunder,  and  consent  to  a 
continuance  of  the  provisions  of  said  act  not  in  conflict  with  the  terms  of 


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BRADLEY’S  MANUAL  OF  STATISTICAL  INFORMATION. 


this  agreement. 

46.  As  to  those  townsites  heretofore  set  aside  by  the  Secretary  of  tne 
interior  on  the  recommendation  of  the  Commission  to  the  Five  Civilized 
Tribes,  as  provided  in  said  act  of  Congress  of  May  31,  1900,  such  additional 
acreage  may  be  added  thereto,  in  like  manner  as  the  original  town  site  was  set 
apart,  as  may  be  necessary  for  the  present  needs  and  reasonable  prospective 
growth  of  said  town  sites,  the  total  acreage  not  to  exceed  six  hundred  and 
forty  acres  for  each  town  site. 

47.  The  lands  which  may  hereafter  be  set  aside  and  reserved  for  town 
sites  upon  the  recommendation  of  the  Commission  to  the  Five  Civilized  Tribes 
under  the  provisions  of  said  act  May  31,  1900,  shall  embrace  such  acreage 
as  may  be  necessary  for  the  present  needs  and  reasonable  prospective  growth 
of  such  town  sites,  not  to  exceed  six  hundred  and  forty  acres  for  each  town 
site. 

48.  Whenever  any  tract  of  land  snail  be  set  aside  for  town  site  purposes 
as  provided  in  said  act  of  May  31,  1900,  or  by  the  terms  of  this  agreement, 
which  is  occupied  by  any  member  of  the  Choctaw  or  Chickasaw  nations,  such 
occupant  shall  be  fully  compensated  for  his  improvements  thereon,  out  of 
the  funds  of  the  tribes  arising  from  the  sale  of  town  sites,  under  rules  and 
regulations  to  be  prescribed  by  the  Secretary  of  the  Interior,  the  value  of  such 
improvements  to  be  determined  by  a board  of  appraisers,  one  member  of 
which  shall  be  appointed  by  the  Secretary  of  the  Interior,  one  by  the  chief 
executive  of  the  tribe  in  which  the  town  site  is  located,  and  one  by  the  occu- 
pant of  the  land,  said  board  of  appraisers  to  be  paid  such  compensation  for 
their  services  as  may  be  determined  by  the  Secretary  of  the  Interior  out  of 
any  appropriation  tor  surveying,  laying  out,  platting,  and  selling  town  sites. 

49.  Whenever  the  chief  executive  of  the  Choctaw  or  Chickasaw  Nation 
fails  or  refuses  to  appoint  a townsite  commissioner  for  any  town,  or  to  fill  any 
vacancy  caused  by  the  neglect  or  refusal  of  the  town  site  commissioner  ap 
pointed  by  the  chief  executive  of  the  Choctaw  or  Chickasaw  Nation  to  qual- 
ify or  act,  or  otherwise,  the  Secretary  of  the  Interior,  in  his  discretion,  may 
appoint  a commissioner  to  fill  the  vacancy  thus  created. 

50.  There  shall  be  appointed,  in  the  manner  provided  in  the  Atoka  agree 
ment,  such  additional  town  site  commissions  as  the  Secretary  of  the  Interior 
may  deem  necessary,  for  the  speedy  disposal  of  all  town  sites  in  said  nations: 
Provided,  That  the  jurisdiction  of  said  additional  town  site  commissions  shall 
extend  to  such  town  sues  only  as  shall  be  designated  by  the  oecretary  of  the 
interior. 

51.  Upon  the  payment  of  the  full  amount  of  the  purchase  price  of  any 
lot  in  any  town  site  in  the  Choctaw  and  Chickasaw  nations,  appraised  and 
sold  as  herein  provided, "or  sold  as  herein  provided,  the  chief  executives  of 
said  nations  shall  jointly  execute,  under  their  hands,  and  the  seals  of  the 
respective  nations,  and  deliver  to  the  purchaser  of  the  said  lot,  a patent  convey- 
ing to  him  all  right,  title,  and  interest  of  the  Choctaw  and  Chickasaw  tribes  in 
and  to  said  lot. 

52.  All  town  lots  in  any  one  town  site  to  be  conveyed  to  one  person  shall, 
as  far  as  practicable,  be  included  in  one  patent,  and  all  patents  shall  be  ex- 
ecuted free  of  charge  to  the  grantee. 

53.  Such  towns  in  the  Choctaw  and  Chickasaw  nations  as  may  have 
a population  of  less  than  two  hundred  people,  not  otherwise  provided  for,  and 
which  in  the  judgment  of  the  Secretary  of  the  Interior  should  be  set  aside 
as  town  sites,  shall  have  their  limits  defined  not  later  than  ninety  days  after 


BRADLEY’S  MANUAL  OF  STATISTICAL  INFORMATION. 


81 


the  final  ratification  of  this  agreement,  in  the  same  manner  as  herein  pro- 
vided for  other  town  sites;  but  in  no  such  case  shall  more  than  forty,  acres 
of  land  he  set  aside  for  any  such  town  site: 

54.  All  town  sites  heretofore  set  aside  by  the  Secretary  of  the  Interior 
on  the  recommendation  of  the  Commission  to  the  Five  Civilized  Tribes,  under 
the  provisions  of  the  act  of  Congress  approved  May  31,  1900,  (31  Stat.,  221), 
with  the  additional  acreage  added  thereto,  and  all  town  sites  which  may  here- 
after be  set  aside,  as  well  as  all  town  sites  set  aside  under  the  provisions  of 
this  agreement  having  a population  of  less  than  two  hundred,  shall  be  sur- 
veyed, laid  out,  platted,  appraised,  and  disposed  of  in  a like  manner,  and  with 
like  preference  rights  accorded  to  owners  of  improvements  as  other  town 
sites  in  the  Choctaw  and  Chickasaw  nations  are  surveyed,  laid  out,  platted, 
appraised,  and  disposed  of  under  the  Atoka  agreement,  as  modified  or  supple 
mented  by  the  said  act  of  May  31,  1900.  Provided,  That  occupants  or  pur- 
chasers of  lots  in  town  sites  in  said  Choctaw  and  Chickasaw  nations  upon 
which  no  improvements  have  been  made  prior  to  the  passage  of  this  act  by 
Congress  shall  pay  the  full  appraised  value  of  said  lets  instead  of  (he  per- 
centage named  in  the  Atoka  agreement. 

MUNICIPAL  CORPORATIONS. 

55.  Authority  is  hereby  conferred  upon  municipal  corporations  in  the 
Choctaw  and  Chickasaw  nations,  with  the  approval  of  the  Secretary  of  the 
Interior,  to  issue  bonds  and  borrow  money  thereon  for  sanitary  purposes  and 
for  the  construction  of  sewers,  lighting  plants,  waterworks,  and  school  houses, 
subject  to  all  the  provisions  of  'the  laws  of  the  United  States  in  force  in  the 
organized  Territory  of  the  United  States  in  reference  to  municipal  indebted- 
ness and  issuance  of  bonds  for  public  purposes;  and  said  provisions  of  law 
are  hereby  put  in  force  in  said  nations  and  made  applicable  to  the  cities  and 
towns  therein  the  same  as  if  specially  enacted  in  reference  thereto;  and  said 
municipal  corporations  are  hereby  authorizen  to  vacate  streets  and  alleys, 
or  parts  thereof,  and  said  streets  and  alleys,  when  so  vacated,  shall  become 
the  property  of  the  adjacent  property  holders. 

COAL  AND  ASPHALT. 

56.  At  the  expiration  of  two  years  after  the  final  ratification  of  this 
agreement  all  deposits  of  coal  and  asphalt  which  are  in  lands  within  the 
limits  of  any  town  site  established  under  the  Atoka  agreement,  or  the  act  of 
Congress  of  May  31,  1900,  or  this  agreement,  and  which  are  within  the  ex- 
terior limits  of  any  lands  reserved  from  allotment  on  account  of  their  coal 
or  asphalt  deposits,  as  herein  provided,  and  which  are  not  at  the  time  of  the 
final  ratification  of  this  agreement  embraced  in  any  then  existing  coal  or  as- 
phalt lease,  shall  be  sold  at  public  auction  for  cash  under  the  direction  of  the 
President  as  hereinafter  provided,  and  the  proceeds  thereof  disposed  or’  as 
herein  provided  respecting  the  proceeds  of  the  sale  of  coal  and  asphalt  lands. 

57.  All  coal  and  asphalt  deposits  which  are  within  the  limits  of  any  town 
site  so  established,  which  are  at  the  date  of  the  final  ratification  of  this  agree- 
ment, covered  by  an  existing  lease,  shall,  at  the  expiration  of  two  years  after 
the  final  ratification  of  this  agreement,  be  sold  at  public  auction  under  the 
direction  of  the  President  as  hereinafter  provided,  and  the  proceeds  thereof 
disposed  of  as  provided  in  the  last  preceding  section.  The  coal  or  asphalt 
covered  by  eacn  lease  shall  be  separately  sold.  The  purchaser  shall  take  such 
coal  or  asphalt  deposits  subject  to  the  existing  lease,  and  shall  by  the  purchase 


82 


BRADLEY’S  MANUAL  OF  STATISTICAL  INFORMATION. 


succeed  to  all  the  rights  of  the  two  tribes  of  every  kind  and  character,  under 
the  lease,  hut  all  advanced  royalties  received  by  the  tribe  shall  be  retained  by 
them. 

58.  Within  six  months  after  the  -final  ratification  of  this  agreement  the 
Secretary  of  the  Interior  shall  ascertain,  so  far  as  may  be  practicable,  what 
lands  are  principally  valuable  because  of  their  deposits  of  coal  or  asphalt, 
including  therein  all  lands  which  at  the  time  of  the  final  ratification  of  this 
agreement  shall  be  covered  by  then  existing  coal  or  asphalt  leases,  and  within 
that  time  he  shall,  by  a written  order,  Segregate  and  reserve  from  allotment 
all  of  said  lands.  Such  segregation  and  reservation  shall  conform  to  the  sub- 
divisions of  the  Government  survey  as  nearly  as  may  be,  and  the  total  segre- 
gation and  reservation  shall  not  exceed  five  hundred  thousand  acres.  No 
lands  so  reserved  shall  be  allotted  to  any  member  or  freedman  and  the  im- 
provements of  any  member  or  freedman  existing  upon  any  of  the  lands  so 
segregated  and  reserved  at  the  time  of  their  segregation  and  reservation  shall 
be  appraised  under  the  direction  of  the  Secretary  of  the  Interior,  and  shall  be 
paid  for  out  of  any  common  funds  of  the  two  tribes  in  the  Treasury  of  the 
United  States,  upon  the  order  of  the  Secretary  of  the  Interior.  All  coal  and 
asphalt  deposits,  as  well  as  other  minerals  which  may  be  found  in  any  lands 
not  so  segregated  and  reserved,  shall  be  deemed  a part  of  the  land  and  shall 
pass  to  the  allottee  or  other  person  who  may  lawfully  acquire  title  to  such 
lands. 

59.  All  lands  segregated  and  reserved  under  the  last  preceding  section, 
excepting  those  embraced  within  the  limits  of  a town  site,  established  as 
hereinbefore  provided,  shall,  within  three  years  from  the  final  ratification 
of  this  agreement  and  before  the  dissolution  of  the  tribal  governments,  be 
sold  at  public  auction  for  cash,  under  the  direction  of  the  President,  by  a 
commission  composed  of  three  persons,  which  shall  be  appointed  by  the 
President,  one  on  the  recommendation  of  the  Principal  Chief  of  the  Choctaw 
nation,  who  shah  be  a Choctaw  by  blood,  and  one  on  the  recommendation 
of  the  Governor  of  the  Chickasaw  nation,  who  shall  be  a Chickasaw  by  blood. 
Either  of  said  commissioner's  may,  at  any  time,  be  removed  by  the  President 
for  good  cause  shown.  Each  of  said  commissioners  shall  be  paid  at  the  rata 
of  four  thousand  dollars  per  annum,-  the  Choctaw  commissioner  to  be  paid 
by  the  Choctaw  nation,  the  Chickasaw  commissioner  to  be  paid  by  the  Chick- 
asaw nation,  and  the  third  commissioner  to  be  paid  by  the  United  States. 
In  the  sale  of  coal  and  asphalt  lands  and  coal  and  asphalt  deposits  hereunder, 
the  commission  shall  have  the  right  to  reject  any  or  all  bids  which  it  considers 
below  the  value  of  any  such  lands  or  deposits.  The  proceeds  arising  from 
the  sale  of  coal  and  asphalt  lands  and  coal  and  asphalt  deposits  shall  be  de- 
posited in  the  Treasury  of  the  United  States  to  the  credit  of  said  tribes  and 
paid  out  per  capita  to  the  members  of  said  tribes  (freedmen  excepted)  with 
the  other  moneys  belonging  to  said  tribes  in  the  manner  provided  by  law, 
The  lands  embraced  within  any  coal  or  asphalt  lease  shall  be  separately 
sold,  subject  to  such  lease,  and  the  purchaser  shall  succeed  to  all  the  rights 
of  the  two  tribes  of  every  kind  and  character,  under  the  lease,  but  all  ad- 
vanced royalties  received  by  the  tribes  shall  be  retained  by  them.  The  lands 
so  segregated  and  reserved,  and  not  included  within  any  existing  coal  or 
asphalt  lease,  shall  be  sold  in  tracts  not  exceeding  in  area  a section  under 
the  Government  survey. 

60.  Upon  the  recommendation  of  the  chief  executive  of  each  of  the  two 
tribes,  and  where  in  the  judgment  of  the  President  it  is  advantageous  to  the 


SPAULDING  INSTITUTE,  MUSKOGEE. 


/ 


84  BRADLEY’S  MANUAL  OF  STATISTICAL  INFORMATION. 

tribe  so  to  do,  the  sale  of  any  coal  or  asphalt  lands  which  are  herein  directed 
to  be  sold  may  be  made  at  any  time  after  the  expiration  of  six  months  from 
the  final  ratification  of  this'  agreement,  without  awaiting  the  expiration  of  the 
period  of  two  years,  as  hereinbefore  provided. 

61.  No  lease  of  any  coal  or  asphalt  lands  shall  be  made  after  the  final 
ratification  of  this  agreement,  the  provisions  of  the  Atoka  agreement  to  the 
contrary  notwithstanding. 

62.  Where  any  lands  so  as  aforesaid  segregated  and  reserved  on  account 
of  their  coal  or  asphalt  deposits  are  in  this  agreement  specifically  reserved 
from  allotment  for  any  other  reason,  the  sale  to  be  made  hereunder  shall  be 
only  of  the  coal  and  asphalt  deposits  contained  therein,  and  in  all  other  re- 
spects the  other  specified  reservation  of  such  lands  herein  provided  for  shall 
be  fully  respected. 

63.  The  chief  executives  of  the  two  tribes  shall  execute  and  deliver,  with 
the  approval  of  the  Secretary  of  the  Interior,  to  each  purchaser  of  any  coal  or 
asphalt  lands  so  sold,  and  to  each  purchaser  of  any  coal  or  asphalt  deposits 
so  sold,  an  appropriate  patent  or  instrument  of  conveyance,  conveying  to  the 
purchaser  the  property  so  sold. 

SULPHUR  SPRINGS. 

64.  The  two  tribes  hereby  absolutely  and  unqualifiedly  relinquish,  cede, 
and  convey  unto  the  United  States  a tract  or  tracts  of  land  at  and  in  the  vicin- 
ity of  the  village  of  Sulphur,  in  the  Chickasaw  nation,  of  not  exceeding  six 
hundred  and  forty  acres,  to  be  selected,  under  the  direction  of  the  Secretary 
of  the  Interior,  within  four  months  after  the  final  ratification  of  this  agree- 
ment, and  to  embrace  all  the  natural  springs  in  and  about  said  village,  and  so 
much  of  Sulphur  Creek,  Rock  Creek,  Buckhorn  Creek,  and  the  lands  adjacent 
to  said  natural  springs  and  creeks  as  may  be  deemed  necessary  by  the  Sec- 
retary of  the  Interior  for  the  proper  utilization  and  control  of  said  springs 
and  the  waters  of  said  creeks,  which  lands  shall  be  so  selected  as  to  cause 
the  least  interference  with  the  contemplated  town  site  at  that  place  consistent 
with  the  purposes  for  which  said  cession  is  made,  and  when  selected  the  cedel 
lands  shall  be  held,  owned,  and  controlled  by  the  United  States  absolutely 
and  without  any  restriction,  save  that  no  part  thereof  shall  be  platted  or 
disposed  of  for  town  site  purposes  during  the  existence  of  the  two  tribal 
governments.  Such  other  lands  as  may  be  embraced  in  a town  site  at  that 
point  shall  be  disposed  of  in  the  manner  provided  in  the  Atoka  agreement 
for  the  disposition  of  town  sites.  Within  ninety  days  after  the  selection  of 
the  lands  so  ceded  there  shall  be  deposited  in  the  treasury  of  the  United 
States,  to  the  credit  of  the  two  tribes,  from  the  unappropriated  public  moneys 
of  the  United  States,  twenty  dollars  per  acre  for  each  acre  so  selected,  which 
shall  be  in  full  compensation  for  the  lands  so  ceded,  and  such  moneys  shall, 
upon  the  dissolution  of  the  tribal  governments,  be  divided  per  capita  among 
the  members  of  the  tribes,  freedmen  excepted,  as  are  other  funds  of  the 
tribes.  All  improvements  upon  the  lands  so  selected  which  are  lawfully  there 
at  the  time  of  the  ratification  of  this  agreement  by  Congress  shall  be  ap- 
praised, under  the  direction  of  the  Secretary  of  the  Interior,  at  the  true  value 
thereof  at  the  time  of  the  selection  of  said  lands,  and  shall  be  paid  for  by 
warrants  drawn  by  the  Secretary  of  the  Interior  upon  the  Treasury  of  the 
United  States.  Until  otherwise  provided  by  law,  the  Secretary  of  the  Interior 
may,  under  rules  prescribed  for  that  purpose,  regulate  and  control  the  use 
of  the  water  of  said  springs  and  creeks  and  the  temporary  use  and  occupation 


BRADLEY’S  MANUAL  OF  STATISTICAL  INFORMATION. 


85 


of  the  lands  so  ceded.  No  person  shall  occupy  any  portion  of  the  lands  so 
ceded,  or  carry  on  any  business  thereon,  except  as  provided  in  said  rules,  and 
until  otherwise  provided  by  Congress  the  laws  of  the  United  States  relating 
to  the  introduction,  possession,  sale,  and  giving  away  of  liquors  or  intoxicants 
of  any  kind  within  the  Indian  country  or  Indan  reservations  shall  be  applica- 
ble to  the  lands  so  ceded,  and  said  lands  shall  remain  within  the  jurisdictiou 
of  the'United  States  court  for  the  Southern  District  of  Indian  Territory:  Pro- 

vided, however,  That  nothing  contained  in  this  section  shall  be  construed  or 
held  to  commit  the  Government  of  the  United  States  to  any  expenditure  of 
money  upon  said  lands  or  the  improvements  thereon,  except  as  provided  here- 
in, it  being  the  intention  of  this  provision  that  in  the  future  the  lands  and  im- 
provements herein  mentioned  shall  be  conveyed  by  the  United  States  to  such 
Territorial  or  State  organization  and  may  exist  at  the  time  when  such  convey- 
ance is  made. 

MISCELLANEOUS. 

65.  The  acceptance  of  patents  for  minors,  prisoners,  convicts,  and  in- 
competents by  persons  authorized  to  select  their  allotments  for  them  shall 
be  sufficient  to  hind  such  minors,  prisoners,  convicts,  and  incompetents  as  to 
the  conveyance  of  all  other  lands  of  the  tribes. 

66.  All  patents  to  allotments  of  land,  when  executed,  shall  be  recorded  in 
the  office  of  the  Commission  to  the  Five  Civilized  Tribes  within  said  nations 
in  books  appropriate  for  the  purpose,  until  such  time  as  Congress  shall  make 
other  suitable  provision  for  record  of  land  titles  as  provided  in  the  Atoka 
agreement,  without  expense  to  the  grantee;  and  such  records  shall  have 
like  effect  as  other  public  records. 

67.  The  provisions  of  section  three  of  the  act  of  Congress  approved  June 
28,  1898  (30  Stat.,  495),  shall  not  apply  to  or  in  any  manner  affect  the  lands  or 
other  property  of  the  Choctaws  or  Chickasaws  or  Choctaw  and  Chickasaw 
freedmen. 

68.  No  act.  of  Congress  or  treaty  provision,  nor  any  provision  of  the 
Atoka  agreement,  inconsistent  with  this  agreement,  shall  be  in  force  in  said 
Choctaw  and  Chickasaw  nations. 

69.  All  controversies  arising  between  the  members  as  to  their  right  to 
select  particular  tracts  of  land  shall  be  determined  by  the  Commission  to  the 
Five  Civilized  Tribes. 

70.  Allotments  may  be  selected  and  homesteads  designated  for  minors 
by  the  father  or  mother,  if  members,  or  by  a guardian  or  curator,  or  the  ad- 
ministrator having  charge  of  their  estate,  in  the  order  named;  and  for  prison- 
ers, convicts,  aged  and  infirm-  persons,  by  duly  appointed  agents  under  power 
of  attorney;  and  for  incompetents  by  guardians,  curators,  or  other  suitable 
person  akin  to  them;  but  it  shall  be  the  duty  of  said  Commission  to  see  that 
said  selections  are  made  for  the  best  interests  of  such  parties. 

71.  After  the  expiration  of  nine  months  after  the  date  of  the  original 
selection  of  an  allotment,  by  or  for  aDy  citizen  or  freedman  of  the  Choctaw  or 
Chickasaw  tribes,  as  provided  in  this  agreement,  no  contest  shall  be  insti- 
tuted against  such  selection. 

72.  There  shall  be  paid  to  each  citizen  of  the  Chickasaw  nation,  im- 
mediately after  approval'  of  his  enrollment  and  right  to  participate  in  dis- 
tribution of  tribal  property,  as  herein  provided,  the  sum  of  forty  dollars.  Such 
payment  shall  be  made  under  the  direction  of  the  Secretary  of  the  Interior, 
and  out  of  the  balance  of  the  “arrears  of  interest”  of  five  hundred  and  fifty- 
eight  thousand  five  hundred  and  twenty  dollars  and  fifty-four  cents  appro- 


86 


BRADLEY’S  MANUAL  OF  STATISTICAL  INFORMATION. 


priated  by  the  act  of  Congress  approved  June  28,  1898,  entitled  “An  act  for  th® 
protection  of  the  people  of  the  Indian  Territory,  and  for  other  purposes,”  yet 
due  to  the  Chickasaws  and  remaining  to  their  credit  in  the  Treasury  of  the 
United  States;  and  so  much  of  such  moneys  as  may  be  necessary  for  Such 
payment  are  hereby  appropriated  and  made  available  for  that  purpose,  and 
the  balance,  if  any  there  be,  shall  remain  in  the  Treasury  of  the  United 
States,  and  be  distributed  per  capita  with  the  other  funds  of  the  tribes.  And 
all  acts  of  Congress  or  other  treaty  provisions  in  conflict  with  this  provision 
are  hereby  repealed. 

73.  This  agreement  shall  be  binding  upon  the  United  States  and  upon 
the  Choctaw  and  Chickasaw  nations  and  all  Choctaws  and  Chickasaws,  when 
ratified  by  Congress  and  by  a majority  of  the  whole  number  of  votes  cast  by 
the  legal  voters  of  the  Choctaw  and  Chickasaw  tribes  in  the  manner  following: 
The  principal  chief  of  the  Choctaw  nation  and  the  governor  of  the  Chicka- 
saw nation  shall,  within  one  hundred  and  twenty  days  after  the  ratification 
of  this  agreement  by  Congress,  make  public  proclamation  that  the  same  shall 
be  voted  upon  at  ary  special  election  to  be  held  for  that  purpose  within  thirty 
oays  thereafter,  on  a certain  day  therein  named;  and  all  male  citizens  of  each  Of 
the  said  tribes  qualified  to  vote  under  the  tribal  laws  shall  have  a right  to  vote 
at  the  election  precinct  most  convenient  to  his  residence  whether  the  same 
be  within  the  bounds  of  his  tribe  or  not.  And  if  this  agreement  be  ratified 
by  said  tribes  as  aforesaid,  the  date  upon  which  said  election  is  held  shall  be 
deemed  to  be  the  date  of  final  ratification. 

74.  The  votes  cast  in  both  the  Choctaw  and  Chickasaw  nations  shall 
be  forthwith  returned  and  duly  certified  by  the  precinct  officers  to  the  na- 
tional secretaries  of  said  tribes,  and  shall  be  presented  by  said  national  sec- 
retaries to  a board  of  commissioners  consisting  of  the  principal  chief  and 
the  national  secretary  of  the  Choctaw  nation  and  the  governor  and  national 
secretary  of  the  Chickasaw  nation  and  two  members  of  the  Commission  to  the 
Five  Civilized  Tribes;  and  said  board  shall  meet  without  delay  at  Atoka,  In- 
dian Territory,  and  canvass  and  count  said  votes,  and  make  proclamation  of 
the  result. 

In  witness  whereof  the  said  commissioners  do  hereby  affix  their  names 
at  Washington,  District  of  Columbia,  this  twenty-first  day  of  March,  1902. 

Approved  July  1,  1902. 


jfull  Cert  of  Cherokee  agreement. 


Each  Allottee  Will  Receive  One  Hundred  and  Ten  Acres — Provides  for  the 
Allotment  cf  Lands  and  Fixes  Date  for  Closing  the  Roll — Desig- 
nates School  and  Church  Reservations — Townsites  are 
Provided  For — Chief  Must  Call  Council  Within 
Ten  Days  From  the  Passage  of  the  Act 
by  Congress. 

A BILL 

To  provide  for  the  allotment  of  the  lands  of  the  Cherokee  Nation,  for  the 
disposition  ot  townsites  therein,  and  for  other  purposes. 

Be  it  enacied  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled: 


IN  THE  MEADOW. 


BRADLEY’S  MANUAL  OF  STATISTICAL  INFORMATION, 


87 


88 


BRADLEY’S  MANUAL  OF  STATISTICAL  INFORMATION. 


Definition  of  Words  Employed  Herein. 

1.  The  words  “nation”  and  “tribe”  shall  each  be  held  to  refer  to  the 
Cherokee  Nation  or  tribe  of  Indians  in  Indian  Territory. 

2.  The  words  “principal  chief”  or  “chief  executive”  shall  be  held  to 
mean  the  principal  chief  of  said  tribe. 

3.  The  words  “Dawes  Commission”  and  “Commissicn”  shall  be  held  to 
mean  the  United  States  Commission  to  the  Five  Civilized  Tribes. 

4.  The  word  “minor”  shall  be  held  to  mean  males  under  the  age  of 
twenty-one  years  and  females  under  tne  age  of  eighteen  years. 

5.  The  term  “allottable  lands”  or  “lands  allottable”  shall  be  held  to  mean 
all  the  lands  of  the  Cherokee  tribe  not  herein  reserved  from  allotment. 

6.  The  word  “select”  and  its  various  modifications,  as  applied  to  allot- 
ments and  homesteads,  shall  be  held  to  mean  the  formal  application  at  the 
land  office,  to  oo  established  by  the  Dawes  Commission,  for  the  Cherokee  Na- 
tion for  particular  tracts  of  land. 

Y.  The  words  “member”  or  “members”  and  “citizen”  or  “citizens"  shall 
be  held  to  mean  members  or  citizens  of  the  Cherokee  Nation  in  the  Indian 
Territory. 

8.  Every  word  in  this  act  purporting  the  masculine  gender  may  extend 
and  be  applied  to  females  as  well  as  males,  and  the  use  of  the  plural  may  in- 
clude also  the  singular,  and  vice  versa. 

Appraisement  of  Lands. 

9.  The  lands  belonging  to  the  Cherokee  tribe  of  Indians  in  Indian  Ter- 
ritory, except  such  as  are  herein  reserved  from  allotment,  shall  be  appraised 
at  their  true  value:  Provided,  That  in  the  determination  of  the  value  of  such 
land  consideration  shall  not  be  given  to  the  location  thereof,  to  any  timber 
thereon,  or  to  anj  mineral  deposits  contained  therein,  and  shall  be  made  with- 
out reference  to  improvements  which  may  be  located  thereon. 

10.  Th  appraisement,  as  herein  provided,  shall  be  made  by  the  Commis- 
sion to  the  Five  Civilized  Tribes,  under  the  direction  of  the  Secretary  of  the 
Interior. 

Allotment  of  Lands. 

11.  There  shah  be  allotted  by  the  commission  to  the  Five  Civilized  Tribes, 
and  to  each  citizen  of  the  Cherokee  tribe,  as  soon  as  practicable  after  the  ap- 
proval by  the  Secretary  of  the  Interior  of  his  enrollment  as  provided  herein, 
land  equal  m value  to  one  hundred  and  ten  acres  of  the  average  allottable 
lands  of  the  Cherokee  nation,  to  conform  as  nearly  as  may  be  to  the  areas 
and  boundaries  established  by  the  government  survey,  which  land  may  be 
selected  by  each  allottee  so  as  to  include  his  improvements. 

12.  For  the  purpose  of  making  allotments  and  designating  homesteads 
hereunder,  the  forty-acre,  or  quarter  of  a quarter  section,  subdivision  estab- 
lished by  the  government  survey  may  be  dealt  with  as  if  further  subdivided 
into  four  equal  parts  in  the  usual  manner,  thus  making  the  smallest  legal 
subdivision  ten  acres,  or  a quarter  of  a quarter  of  a quarter  of  a section. 

13.  Each  member  of  said  tribe  shall,  at  the  time  of  the  selection  of  his 
allotment,  designate  as  a homestead  out  of  said  allotment,  land  equal  in  value 
to  forty  acres  of  the  average  allottable  lands  of  the  Cherokee  nation,  as  nearly 
as  may  be,  which  shall  be  inalienable  during  the  lifetime  of  the  allottee,  not 
exceeding  twenty-one  years  from  the  date  of  the  certificate  of  allotment. 
Separate  certificate  shall  issue  for  said  homestead.  During  the  time  said 


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homestead  is  held  by  the  allottee  the  same  shall  be  non-taxable  and  shall  not 
be  liable  for  any  debt  contracted  by  the  owner  thereof  while  so  held  by  him. 

14.  Lands  allotted  to  citizens  shall  not  in  any  manner  whatever  or  at 
any  time  be  incumbered,  taken,  or  sold  to  secure  or  satisfy  any  debt  or  ob- 
ligation, or  be  alienated  by  the  allottee  or  his  heirs,  before  the  expiration  of 
five  years  from  the  date  of  the  ratification  of  this  act. 

15.  All  lands  allotted  to  the  members  of  said  tribe,  except  such  land  as  is 
set  aside  to  each  for  a homestead  as  herein  provided,  shall  be  alienable  in 
five  years  alter  issuance  of  patent. 

16.  If  for  any  reason  an  allotment  should  not  be  selected  or  a homestead 
designated  by  or  on  behalf  of  any  member  of  the  tribe,  it  shall  be  the  duty  of 
said  commission  to  make  said  selection  and  designation. 

17.  In  the  making  of  allotments  and  in  the  designation  of  homesteads 
for  members  of  said  tribe,  said  commission  shall  not  be  required  to  divide 
lands  into  traces  of  less  than  the  smallest  legal  subdivision  provided  for  in 
section  12  hereof. 

18.  It  sha’l  be  unlawful  after  90  days  after  the  ratification  of  this  act  by 
the  Cherokees  tor  any  member  of  the  Cherokee  tribe  to  enclose  or  hold  pos- 
session of,  in  any  manner,  by  himself  or  through  another,  directly  or  indi- 
rectly, more  lands  in  value  than  that  of  one  hundred  and  ten  acres  of  tne 
average  allottable  lands  of  the  Cherokee  nation,  either  for  himself  or  for  his 
wife,  or  for  each  of  his  minor  children,  if  members  of  said  tribe,  any  member 
of  said  tribe  found  in  possession  of  such  lands,  or  having  the  same  in  any 
manner  inclosed,  after  the  expiration  of  ninety  days  after  the  date  of  the 
ratification  of  this  act  shall  be  deemed  guilty  of  a misdemeanor. 

19.  Any  person  convicted  of  violating  any  of  the  provisions  of  section  18 
of  this  act  shall  be  punished  by  a fine  of  not  less  than  $100.00,  shall  stand 
committed  until  such  fine  and  costs  are  paid  (such  commitment  not  to  ex- 
ceed one  day  for  every  two  dollars  of  said  fine  and  costs),  and  shall  forfeit 
possession  ot  any  property  in  question,  and  each  day  on  which  such  offense 
is  committed  or  conitnues  to  exist  shall  be  deemed  a separate  offense.  The 
United  States  district  attorney  for  the  Northern  district  is  required  to  see 
that  the  provisions  of  said  section  18  are  strictly  enforced,  and  he  shall  imme 
diately,  after  the  expiration  of  t'he  90  days  after  the  ratification  of  this  acc, 
proceed  to  dispossess  all  persons  of  such  excessive  holdings  of  lands  and  to 
prosecute  them  lor  so  unlawfully  holding  the  same,  and  the  Commission  to  the 
Five  Civilized  Tribes  shall  have  authority  to  make  investigations  of  all  vio- 
lations of  section  18  and  make  report  thereon  to  the  United  S-tates  district 
attorney. 

2-0.  If  any  person  whose  name  appears  upon  the  roll  prepared  as  herein 
provided  shall  have  died  subsequent  to  the  first  day  of  September,  1902,  and 
before  receiving  his  allotment,  the  lands  to  which  such  person  would  have  been 
entitled  if  living  shall  be  allotted  in  his  name,  and  shall,  with  his  proportionate 
share  of  other  tribal  property,  descend  to  his  heirs  according  to  the  laws  of 
descent  and  distribution  as  provided  in  chapter  49  of  Mansfield’s  Digest  of 
the.  Statutes  of  Arkansas:  Provided,  That  the  allotment  thus  to  be  made  shall 
be  selected  by  a duly  appointed  administrator  or  executor.  If,  however,  such 
administrator  o ' executor  be  not  cHuly  and  expeditiously  appointed  or  fails  to 
act  promptly  when  appointed,  or  for  any  other  cause  such  selection  be  not  so 
made  within  a reasonable  and  proper  time,  the  Dawes  Commission  shall  desig- 
nate the  lands  thus  to  be  allotted. 

21.  Allotment  certificates  issued  by  the  Dawes  Commission  shall  he  con- 


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BRADLEY’S  MANUAL  OF  STATISTICAL  INFORMATION. 


elusive  evidence  of  the  right  of  an  allottee  to  the  tract  of  land  described 
therein,  and  the  United  States  Indian  Agent  for  the  Union  Agency  shall,  un- 
der the  direction  of  the  Secretary  of  the  Interior,  upon  the  application  of  th© 
allottee,  place  him  in  possession  of  his  allotment,  and  shall  remove  therefrom 
ah  persons  objectionable  to  him,  and  ihe  acts  of  the  Indian  agent  hereunder 
shall  not  be  controlled  by  the  writ  or  process  of  any  court. 

22.  Exclusive  jurisdiction  is  hereby  conferred  upon  the  Commission  to 
the  Five  Civilized  Tribes  under  the  direction  of  the  Secretary  of  the  Interior, 
to  determine  nil  matters  relative  to  the  appraisement  and  allotment  of  lands. 

23.  All  Delaware  Indians  who  are  members  of  the  Cherokee  nation  shall 
take  lands  and  share  in  the  funds  of  the  tribe,  as  their  rights  may  be  deter- 
mined by  the  judgment  of  the  Court  of  Claims,  or  by  the  Supreme  Court  if 
appealed,  in  the  suit  instituted  therein  by  the  Delawares  against  the  Cher- 
okee nation,  and  now  pending;  hut  if' said  suit  be  not  determined  before  said 
commission  is  ready  to  begin  the  allotment  of  lands  of  the  tribe  as  herein 
provided,  the  commission  shall  cause  to  be  segregated  157,600  acres  of  land, 
including  lands  which  have  been  selected  and  occupied  by  Delawares  in  con- 
formity to  the  provisions  of  their  agreement  with  the  Cherokees,  dated  April 
8,  1867,  such  lands  so  to  remain,  subject  to  disposition  according  to  such  judg- 
ment as  may  k.e  rendered  in  said  cause;  and  said  commission  shall  thereupon 
proceed  to  the  allotment  of  the  remaining  lands  of  the  tribe  as  aforesaid. 
Said  commission  shall,  when  final  judgment  is  tendered,  allot  lands  to  such 
Delawares  in  conformity  to  the  terms  of  the  judgment  and  their  individual 
rights  thereunder.  Nothing  in  this  act  shall  in  any  manner  impair  the  rights 
of  either  party  to  said  contract  as  the  same  may  be  finally  determined  by 
the  court  or  shall  interfere  with  the  holdings  of  the  Delawares  under  their 
contract  with  the  Cherokees  of  April  8,  1867,  until  their  rights  under  said 
contract  are  determined  by  the  courts  in  their  suit  now  pending  against  the 
Cherokees,  said  suit  shall  be  advanced  upon  the  docket  of  said  courts  and  be 
determined  at  the  earliest  time  practicable. 

Reservations. 

24.  The  following  lands  shall  be  reserved  from  the  allotment  of  lands 
herein  provided  for: 

(a)  All  lands  set  apart  for  town  sites  by  the  provisions  of  the  act  of 
Congress  of  June  28,  1898,  (30  Stat.,  page  495)  the  provisions  of  the  act  of 
Congress  of  May  31,  1900,  (31  Stat.,  page  221),  and  by  the  provisions  of  this 
act. 

(b)  All  lands  to  which  upon  the  date  of  the  ratification  of  this  act,  any 
railroad  company  may,  under  any  treaty  or  act  of  Congress,  have  a vested 
right  for  right  of  way,  depots,  station  grounds,  water  stations,  stock  yards, 
or  similar  uses  only,  connected  with  the  maintenance  and  operation  oi  the 
railroad. 

(c)  All  lands  selected  for  town  cemeteries  not  to  exceed  twenty  acres 
each. 

(d)  One  acre  of  land  for  each  Cherokee  school  house  not  included  fc 
town  sites  as  herein  otherwise  provided  for. 

(e) .  Four  acres  for  Baptist  Mission  School  at  Tahlequah. 

(f)  Four  acres  for  Presbyterian  school  at  Tahlequah. 

(g)  Four  acres  for  Park  Hill  Mission  shool  south  of  Tahlequah. 

(h)  Four  acres  for  Elm  Springs  Mission  school  at  Barren  Fork. 


BRADLEY’S  MANUAL  OF  STATISTICAL  INFORMATION. 


91. 


(i)  Four  acres  for  Dwight  Mission  school  at  Sallisaw. 

(j)  Four  acres  for  Skiatook  Mission  near  Skiatcok. 

(k)  Four  acres  for  Lutheran  Mission  school  cn  Illinois  river  north  of 
Tahlequah. 

(l)  Sufficient  ground  for  burial  purposes  where  neighborhood  cemeteries 
are  now  located,  net  to  exceed  three  acres  each. 

(m)  One  acre  for  each  church  house  outside  the  towns. 

(n)  The  square  now  occupied  by  the  capitoi  building  at  Tahlequah. 

(o)  The  grounds  now  occupied  by  the  national  jail  at  Tahlequah. 

(p)  The  grounds  now  occupied  by  the  Cherokee  Advocate  printing  office 
at  Tahlequah. 

(q)  Forty  acres  for  the  Cherokee  Male  Seminary  near  Tahlequah. 

(r)  Forty  acres  lor  the  Cherokee  Female  Seminary  at  Tahlequah. 

(s)  One  hundred  and  twenty  acres  for  the  Cherokee  Orphan  Asylum 
on  Grand  River. 

(t)  Forty  acres  for  colored  high  school  in  Tahlequah  district. 

(u)  Forty  acres  -for  Cherokee  Insane  Asylum. 

(v)  Four  acres  for  the  school  for  blind,  deaf  and  dumb  children  near 
Fort  Gibson. 

(w)  Four  acres  for  W:llie  Halsell  College  at  Vinila. 

The  acre  so  reserved  for  any  church  or  school  house  in  any  quarter 
section  of  land  shall  be  located  where  practicable  in  a corner  of  such  quarter 
section  adjacent  to  the  section  lines  thereof:  Provided,  that  the  Methodist 

Episcopal  Church  South  may,  within  twelve  months  after  the  ratification  ot 
this  act,  pay  ten  dollars  per  acre  fer  the  160  acres  of  land  adjacent  to  the 
town  of  Vinita  and  heretofore  set  apart  by  act  of  the  Cherokee  National 
Council  for  tne  use  of  said  church  for  missionary  and  educational  purposes, 
and  now  occupied  by  Willie  Halsell  College  (formerly  Galloway  College),  and 
shall  thereupon  receive  title  thereto;  but  if  said  church  fail  so  to  do  it  may 
continue  to  occupy  said  160  acres  of  land  as  long  as  it  uses  same  for  the  pui’- 
poses  aforesaid. 

Any  other  school  or  college  in  the  Cherokee  nation  which  claims  to  be 
entitled  under  the  law  to  a greater  number  of  acres  than  is  set  apart  for  said 
school  or  college  by  section  twenty-four  of  this  act  may  have  the  number  of 
acres  to  which  it  is  entitled  by  law.  The  trustees  of  such  school  cr  college 
shall,  within  sixty  days  after  the  ratification  of  this  act,  make  application  to 
the  Secretary  oi  the  Interior  for  the  number  of  acres  to  which  such  school  or 
college  claims  to  be  entitled,  and  if  the  Secretary  of  the  Interior  shall  find  that 
such  school  or  college  is,  under  the  laws  and  treaties  of  the  Cherokee  nation 
in  force  prior  to  the  ratification  of  this  act,  entitled  to  a greater  number  of 
acres  of  land  than  is  provided  for  in  this  act.  he  shall  so  determine  and  his 
decision  shall  be  final.  The  amount  so  round  by  the  Secretary  of  the  Interior 
shall  be  set  apart  for  the  use  of  such  college  or  school  as  long  as  the  same 
may  be  used  for  missionary  or  educational  purposes:  Provided,  that  the 

trustees  of  such  school  or  college  shall  pay  ten  dollars  per  acre  for  the  number 
of  acres  so  found  by  the  Secretary  of  the  Interior  and  w'hich  have  been  here 
tofore  set  apart  by  act  of  the  Cherokee  National  Council  for  use  of  such  school 
or  college  for  missionary  or  educational  purposes,  and  upon  the  payment  of 
such  sum  within  sixty  days  after  the  decision  of  the  Secretary  of  the  Interior 
said  college  or  school  may  receive  title  to  such  lanu. 


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BRADLEY’S  MANUAL  OF  STATISTICAL  INFORMATION. 


Roll  of  Citizenship. 

25.  The  roll  of  citizens  of  the  Cherokee  nation  shall  be  made  as  of  Sep- 
tember 1,  1902,  and  the  names  of  all  persons  then  living  and  entitled  to  en- 
rollment on  that  date  shall  be  placed  upon  said  roll  by  the  Commission  to  the 
Five  Civilized  Tribes. 

26.  The  names  of  all  persons  living  on  the  first  day  of  September,  1902, 
entitled  to  be  enrolled  as  provided  in  section  twenty-five  hereof,  shall  be 
placed  upon  the  roll  made  by  said  commission,  and  no  child  born  thereafter 
to  a citizen,  and  no  white  person  who  has  intermarried  with  a Cherokee  citi- 
zen since  December  16,  1895,  shall  be  entitled  to  enrollment  or  shall  parti- 
cipate in  tne  distribution  of  the  tribal  property  of  the  Cherokee  nation. 

27.  Such  roll  shall  in  all  other  respects  be  made  in  strict  compliance 
with  the  provisions  of  section  twenty-one  of  the  act  of  Congress  approved 
June  28,  1898  (Thirtieth  Slat.,  page  495),  and  the  act  of  Congress  approved 
May  31,  1900  (31  Stat.,  page  221). 

28.  No  person  whose  name  appears  upon  the  roll  made  by  the  Dawes 
Commission  as  a citizen  or  freedman  of  any  .other  tribe  shall  be  enrolled  as 
a citizen  of  the  Cherokee  nation. 

29.  For  the  purpose  of  expediting  the  enrollment  of  the  Cherokee  citizens 
and  the  allotment  of  lands  as  herein  provided,  the  said  commission  shall, 
from  time  to  time,  and  as  soon  as  practicable,  forward  to  the  Secretary  of  the 
Interior  lists  upon  which  shall  be  placed  the  names  of  those  persons  found 
by  the  commission  to  be  entitled  to  enrollment.  The  lists  thus  prepared, 
when  approved  by  the  Secretary  of  the  Interior,  shall  constitute  a part  and 
parcel  of  the  final  roll  of  citizens  of  the  Cherokee  tribe,  upon  which  allotment 
of  land  and  distribution  of  other  tribal  property  shall  be  made.  When  there 
shall  have  been  submitted  to  and  approved  by  the  Secretary  of  the  Interior 
lists  embracing  the  names  of  all  those  lawfully  entitled  to  enrollment,  the 
roll  shall  be  deemed  complete.  The  roll  so  prepared  shall  be  made  in  quad- 
ruplicate, one  to  be  deposited  with  the  Secretary  of  the  Interior,  one  with  the 
Commissioner  of  Indian  Affairs,  and  one  with  the  principal  chief  of  the  Cher- 
okee nation,  and  one  to  remain  with  the  Commission  to  the  Five  Civilized 
Tribes. 

30.  During  the  months  of  September  and  October,  in  1902,  the  Commis- 
sion to  the  Five  Civilized  Tribes  may  receive  applications  for  enrollment  of 
such  infant  children  as  may  have  been  born  to  the  recognized  and  enrolled 
citizens  of  the  Cherokee  nation  on  or  before  September  1,  1902,  but  tne  appli- 
cation of  no  person  whomsoever  for  enrollment  shall  be  received  after  October- 
31,  1902. 

31.  No  person  whose  name  does  not  appear  upon  the  roll  prepared  as 

herein  provided  shall  be  entitled  to  in  any  manner  participate  in  the  distri- 
bution of  the  common  property  of  the  Cherokee  tribe,  and  those  whose  names 
appear  thereon  shall  participate  in  the  manner  set  forth  in  this  act:  Pro- 

vided, that  no  allotment  of  land  or  other  tribal  property  shall  be  made  to  any 
person,  one  to  the  heirs  of  any  person  whose  name  is 
on  said  roil  and  who  died  prior  to  September  1,  1902. 

The  right  of  such  person  to  any  interest  in  the  lands  or  other  tribal  property 
shall  be  deemed  to  have  become  extinguished  and  to  have  passed  to  the  tribe 
in  general  upon  his  death  before  said  date,  and  any  person  or  persons  who 
may  conceal  the  death  of  anyone  on  said  roll  as  aforesaid  for  the  purpose  o£ 
profiting  by  said  concealment  and  who  shall  knowingly  receive  any  portion 


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93 


of  any  land  or  other  tribal  property  or  of  the  proceeds  so'  arising  from  any 
allotment  prohibited  by  this  section,  shall  be  deemed  guilty  of  a felony,  and 
shall  be  proceeded  against  as  may  be  provided  in  other  cases  of  felony,  and 
the  penalty  for  this  offense  shall  be  confinement  at  hard  labor  for  a period 
of  not  less  than  one  year  nor  more  than  five  years,  and  in  addition  thereto 
a forfeiture  to  the  Cherokee  nation  of  the  lands,  other  tribal  property  and 
proceeds  so  obtained. 

Schools. 

32.  The  Cherokee  school  fund  shall  be  used,  under  the  direction  of  the 
Secretary  of  the  Interior,  for  the  education  of  children  of  Cherokee  citizena, 
and  Cherokee  schools  shall  be  conducted  under  mles  prescribed  by  him  accord- 
ing to  Cherokee  laws,  subject  to  such  modification  as  he  may  deem  necessa- 
ry to  make  the  schools  most  effective  and  to  produce  the  best  possible  results; 
said  schools  to  be  under  the  supervision  of  a supervisor  appointed  by  the  sec- 
retary and  a school  board  elected  by  the  National  Council. 

33.  All  teachers  shall  be  examined  by  said  supervisor,  and  said  school 
board  and  competent  teachers  and  other  persons  to  be  engaged  in  and  aboui 
the  schools  with  good  moral  character  only  shall  be  employed;  but  where  an 
qualifications  are  equal,  preference  shan  be  given  to  citizens  of  the  Cherokee 
nation  in  such  employment. 

34.  All  moneys  for  carrying  on  the  schools  shall  be  appropriated  by  the 
Cherokee  National  Council,  not  to  exceed  the  amount  of  the  Cherokee  school 
fund;  but  if  the  council  fail  or  refuse  to  make  the  necessary  appropriations, 
the  Secretary  of  the  Interior  may  direct  the  use  of  a sufficient  amount  of  the 
school  fund  to  pay  all  necessary  expenses  or  the  efficient  conduct  of  the 
schools,  strict  account  therefor  to  be  rendered  to  him  and  the  principal  chief. 

35.  All  accounts  for  expenditures  in  carrying  on  the  schools  shall  be 
examined  and  approved  by  said  supervisor  and  also  by  the  general  superin- 
tendent of  Indian  schools  in  the  Indian  Territory,  before  payment  thereof'  is 
made. 

3G.  The  interest  arising  from  the  Cherokee  orphan  fund  shall  be  used 
under  the  direction  of  the  Secretary  of  the  Interior,  for  maintaining  the  Cher- 
okee orphan  asylum  for  the  benefit  of  the  Cherokee  orphan  children. 

Roads. 

37.  Public  highways  or  roads  two  reds  in  width,  being  one  rod  on  esen 
side  of  the  section  line,  may  be  established  along  all  section  lines  without  any 
compensation  being  paid  therefor,  and  all  allottees,  purchasers,  and  others 
shall  take  the  title  to  such  lands  subject  to  this  provision;  and  public  high- 
ways or  roads  may  be  established  elsewhere  whenever  necessary  for  the 
public  good  the  actual  value  of  the  land  taken  elsewhere  than  along  section 
lines  to  be  determined  under  the  direction  of  the  Secretary  of  the  Interior  while 
the  tribal  government  continues  and  to  he  paid  by  the  Cherokee  nation  during 
that  time;  and  if  the  buildings  or  other  improvements  are  damaged  in  con- 
sequence of  the  establishment  of  such  public  highways  or  roads,  whether 
along  section  lines  or  elsewhere,  such  damages  during  the  continuance  of 
the  tribal  government,  shall  he  determined  and  paid  for  in  the  same  manner. 

Townsites. 

38.  The  lands  which  may  hereafter  be  set  aside  and  reserved  for  town- 
sites  upon  the  recommendation  of  the  Dawes  Commission  under  the  provis- 
ions of  the  act  of  Congress  approved  May  31,  1900,  (31  Stat.,  page  221),  shall 


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BRADLEY’S  MANUAL  OF  STATISTICAL  INFORMATION. 


embrace  such  acreage  as  may  be  -necessary  for  the  present  needs  and  reas- 
onable prospective  growth  ot  such  townsites,  not  to  exceed  640  acres  for  each 
townsite. 

39.  Whenever  any  tract  oi  land  shall  be  set  aside  by  the  Secretary  of 
the  Interior  for  townsite  purposes,  as  provided  in  said  act  of  May  31,  1900,  oi 
by  the  terms  of  this  act,  which  is  occupied  at  the  time  of  such  segregation 
by  any  member  of  the  Cherokee  nation,  such  occupant  shall  be  allowed  to 
purchase  any  lot  upon  which  lie  then  has  improvements  other  than  fences, 
tillage,  and  temporary  improvements,  in  accordance  with  the  provisions  of 
the  ael  of  June  28,  1898;  (30  Stat.,  page  495),  or,  if  he  so  elects,  the  lot  will 
be  sold  under  l ines  and  regulations  to  be  prescribed  by  the  Secretary  of  the 
Interior,  and  he  shall  be  fully  compensated  for  his  improvements  thereon  out  of 
the  funds  of  the  tribe  arising  from  the  sale  of  townsites,  the  value  of  such 
improvements  to  be  determined  by  a board  of  appraisers,  one  member  of 
which  shall  be  appointed  by  the  Secretary  of  the  Interior,  one  by  the  chief 
executive  of  the  tribe,  and  one  by  the  occupant  of  the  land,  said  board  of 
appraisers  to  be  paid  such  compensation  for  their  services  q,s  may  be  deter- 
mined by,  the  Secretary  of  the  Interior  out  of  any  appropriations  for  surveying, 
laying  cut,  platting  and  selling  townsites. 

4-0.  All  rownsites  which  may  hereafter  be  set  aside  by  tne  Secretary  of 
the  interior  on  the  recommendation  of  the  Commission  to  the  Five  Civilized 
Tribes,  under  the  provisions  of  the  act  of  Congress  approved  May  31,  1900, 
(31  Stat.,  page  221),  with  the  additional  acreage  added  thereto,  as  well  as  all 
townsites  set  aside  under  the  provisions  of  this  act  having  a population  of 
less  than  two  hundred,  shall  be  surveyed,  laid  out,  platted,  appraised,  and 
disposed  of  in  like  manner,  and  with  like  preference  rights  accorded  to  owners 
of  improvement  as  other  town  sites  in  the  Cherokee  nation  are  surveyed, 
laid  out,  platted,  appraised,  and  disposed  of  under  tne  act  of  Congress  of  June 
28,  1898,  (30  Stat,  page  495),  as  modified  or  supplemented  by  the  act  of  May 
31,  1900:  Provided,  that  as  to  the  town  sites  set  aside  as  aforesaid  the  owner 

of  the  improvements  shall  be  required  to  pay  the  full  appraised  value  of  the 
3oi  instead  of  tne  percentage  named  m said  act  of  June  23,  1898,  (30  Stat , 
page  495). 

41.  Any  person  being  in  possession,  or  having  the  right  to  possession  of 
any  town  lot  or  lots,  as  surveyed  and  platted  under  the  directions  of  the  Sec- 
retary of  the  Interior,  in  accordance  wi.h  the  act  of  Congress,  approved  Maj 
31,  1900  (31  Star.,  p.  221),  the  occupancy  of  which  lot  or  lots  was  originally 
acquired  under  any  town  site  act  of  the  Cherokee  nation,  and  owning  im- 
provements thereon,  other  than  temporary  buildings,  fencing  or  tillage,  shall 
nave  the  right  to  purchase  the  same  at  one-fourth  the  appraised  value  thereof. 

4z.  Any  person  being  in  possession  of,  or  having  the  right  to  the  posses- 
sion of,  any  town  lot  or  lots,  as  surveyed  and  platted  under  the  direction  of 
the  Secretary  of  the  Interior,  in  accordance  with  the  act  of  Congress  approved 
May  31,  190.0  (3x  Stat.,  page  221),  the  occupancy  of  which  lot  or  lots  was  orig 
mally  acquired  under  any  town  site  act  of  the  Cherokee  nation,  and  not  having 
any  improvements  thereon,  shall  have  the  right  to  purchase  the  same  at  one- 
half  of  the  appraised  value  thereof. 

43.  Any  citizen  in  rightful  possession  of  any  town  lot  having  improve- 
ments thereon  other  than  temporary  buildings,  fencing,  and  tillage,  the  oe 
cupancy  of  which  has  not  been  acquired  under  the  tribal  laws,  shall  have  tne 
right  to  purchase  same  by  paying  one-half  of  the  appraised  value  thereof: 
Provided,  that  any  other  person  in  undisputed  possession  of  any  town  lot 


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having  improvements  thereon  other  than  temporary  buildings,  fencing,  *ad 
tillage,  the  occupancy  of  which  has  not  been  acquired  under  tribal  laws,  shall 
have  the  right  to  purchase  such  lot  by  paying  the  appraised  value  thereof. 

44.  All  lots  not  having  thereon  improvements  other  than  temporary 
buildings,  fencing,  and  tillage,  the  sale  or  disposition  of  which  is  not  herein 
otherwise  specifically  provided  for,  shall  be  sold  within  twelve  months  after 
appraisement,  under  direction  of  the  Secretary  of  the  Interior,  after  due  ad- 
vertisement, at  public  auction,  to  the  highest  bidder,  at  not  less  than  their 
appraised  value. 

45.  When  the  appraisement  of  any  town  lot  is  made  and  approved,  the 
townsite  commission  shall  notify  the  claimant  thereof  of  the  amount  of  ap- 
praisement, ano  he  shall  within  sixty  days  thereafter,  make  payment  of  ten 
per  centum  of  the  amount  due  for  the  lot,  and  four  months  thereafter  he  shall 
pay  fifteen  per  centum  additional,  and  the  remainder  of  the  purchase  money 
he  shall  pay  in  three  equal  annual  installments  without  interest,  but  if  the 
claimant  of  any  such  lot  fail  to  purchase  same  or  make  the  first  and  second 
payments  aforesaid  or  make  any  other  payment  within  Ihe  time  specified,  the 
lot  and  improvements  shall  be  sold  at  public  auction  to  the  highest  bidder, 
under  direction  of  the  Secretary  of  the  Interior,  at  a price  not  less  than  its 
appraised  value. 

46.  When  any  improved  lot  shall  be  sold  at  public  auction  because  of 
the  failure  of  the  person  owning  improvements  thereon  to  purchase  same  with- 
in the  time  hllowed  in  said  act  of  Congress  approved  June  28,  1898,  (30th  Stat., 
page  495),  said  improvements  shall  be  appraised  by  a committee,  one  member 
of  which  shall  be  selected  by  the  owner  of  the  improvements  and  one  member 
by  the  purchaser  of  said  lot;  and  in  case  the  said  committee  is  not  able  to 
agree  upon  the  value  of  said  improvements,  the  committee  may  select  a third 
member,  and  in  that  event  the  determination  of  a majority  of  the  committee 
shall  control.  Said  committee  of  appraisement  shall  be  paid  such  compensa- 
tion for  their  services  by  the  two  parties  in  interest,  share  and  share  alike, 
as  may  be  agreed  upon,  and  the  amount  of  said  appraisement  shall  be  pail 
by  the  purchaser  of  the  lot  to  the  owner  of  the  improvements  in  cash  within 
thirty  days  after  the  decision  of  the  committee  of  appraisement. 

47.  The  purchaser  of  any  unimproved  town  lot  sold  at  public  auction  shall 
pay  25  per  centum  of  the  purchase  money  at  the  time  of  the  sale  and  within 
Sour  months  thereafter  he  shall  pay  25  per  centum  additional,  and  the  re 
mteinder  of  the  purchase  money  he  shall  pay  in  two  equal  annual  installments 
without  interest. 

48.  Such  towns  in  the  Cherokee  nation  as  may  have  a population  of  less 
than  two  hundred  people  not  otherwise  provfled  for,  and  which  :'n  the  iudg 
ment  of  the  Secretary  of  the  Interior,  should  be  set  aside  as  town  sites,  shall 
have  their  limits  defined  as  soon  as  practicable  after  the  approval  of  this  act 
in  the  same  manner  as  provided  for  other  town  sites. 

49.  The  town  authorities  of  any  town  site  in  said  Cherokee  nation  may 

select  and  locate,  subject  to  the  approval  of  the  Secretary  of  the  Interior,  a 
cemetery  within  suitable  distance  from  said  town,  to  embrace  such  numbe1- 
of  acres  as  may  be  be  deemed  necessary  for  such  purpose.  The  town  site 
commission  shall  appraise  the  same  at  its  true  value  and  the  town  may  pur- 
chase the  same  within  one  year  from  the  approval  of  the  survey  by  paying 
the  appraised  value.  If  any  citizen  have  improvements  thereon,  said  im- 
provements shali  be  appraised  by  said  townsite  commission  and  paid  for  by 
the  town:  Provided,  that  the  lands  already  laid  out  by  tribal  authorities  for 


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cemeteries  shall  be  included  in  the  cemeteries  herein  provided  for  without 
cost  to  the  towns  and  the  holdings  of  the  burial  lots  therein  now  occupied  for 
such  purposes  shall  in  no  wise  be  disturbed:  And  provided  further,  that  any 

park  laid  out  and  surveyed  in  any  town  shall  be  duly  appraised  at  a fair  valua- 
tion, and  the  inhabitants  of  said  town  shall,  within  one  year  after  the  approval 
of  the  survey,  End  the  appraisement  of  said  park  by  the  Secretary  of  the  In- 
terior, pay  the  appraised  value  to  the  proper  officer  for  the  benefit  of  the  tribe. 

50.  The  Urited  States  shall  pay  all  expenses  incident  to  surveying,  plat- 
ting and  disposition  of  town  lots,  and  all  allotments  of  land  made  under  the 
provisions  of  tms  plan  of  allotment,  excepc  where  the  town  authorities  may  have 
Deen  or  may  be  duly  authorized  to  survey  and  plat  their  respective  towns 
■at  the  expense  of  such  towns. 

51.  No  taxes  shall  be  assessed  by  any  town  government  against  any  town 
lot  remaining  unsold,  but  taxes  may  be  assessed  against  any  town  lot  sold  as 
nerein  provided. 

62.  If  the  purchaser  of  any  town  lot  fail  to  make  payment  of  any  sum 
when  due,  the  same  shall  thereafter  bear  six  per  centum  interest  per  annum 
until  paid. 

53.  All  lots  or  parts  of  lots,  not  exceeding  fifty  by  one  hundred  and  fifty 
feet  in  size,  upon  which  church  houses  and  parsonages  have  been  erected, 
and  which  are  occupied  as  such  at  the  time  of  appraisement,  shall  be  con- 
veyed gratuitously  to  the  churches  to  which  such  improvements  belong,  and 
If  such  churches  have  inclosed  other  adjoining  lots  actually  necessary  for 
their  use,  they  may  purchase  the  same  by  paying  the  appraised  value  thereof. 

54.  Whenever  the  chief  executive  of  the  Cherokee  nation  fails  or  refuses 
to  appoint  a town  site  commissioner  for  any  town,  or  to  fill  any  vacancy 
caused  by  the  neglect  or  refusal  of  the  town  site  commissioner  appointed  by 
the  chief  executive  to  qualify  or  act,  or  otherwise,  the  Secretary  of  the  Inter- 
ior, in  his  discretion,  may  appoint  a commissioner  to  fill  the  vacancy  thus 
created. 

55.  The  purchaser  of  any  town  lot  may  at  any  tme  pay  the  full  amount 
of  the  purchase  money,  and  he  shall  thereupon  receive  the  title  therefor. 

56.  Any  person  may  bid  for  and  purchase  any  lot  sold  at  public  auctior 
as  herein  nrovided. 

57.  The  United  States  may  purchase  im  any  town  in  the  Cherokee  nation 
suitable  lands  lor  court  houses,  jails,  or  other  necessary  public  houses  for  its 
use  by  paying  the  appraised  value  thereof,  the  same  to  be  selected  under 
the  direction  of  the  Department  for  whose  use  such  lands  are  needed,  and  i / 
any  person  have  improvements  thereon  the  same  shall  be  appraised  in  lik? 
manner  as  other  town  property,  and  shall  be  paid  for  by  the  Unued  States. 

Titles. 

58.  The  Secretary  of  the  Interior  shall  furnish  the  principal  chief  with 
blank  patents  necessary  for  all  conveyances  herein  provided  for,  and  when 
any  citizen  receives  his  allotment  of  land,  or  when  any  allotment  has  been  so 
ascertained  and  fixed  that  title  should,  under  the  provisions  of  this  act,  be  con- 
veyed, the  principal  chief  shall  thereupon  proceed  to  execute  and  deliver  t<r 
him  a patent  conveying  all  right,  title  and  interest  of  the  Cherokee  nation 
and  of  all  other  citizens,  in  and  to  the  lands  embraced  in  his  allotment  cer- 
tificate. 

59.  All  conveyances  shall  be  approved  by  the  Secretary  of  the  Interior, 
which  shall  serve  as  a relinquishment  to  the  grantee  of  all  the  right,  title  and 


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interest  of  the  United  States  in  and  to  the  lands  embraced  in  his  patent. 

60.  Any  allottee  accepting  such  patent  shall  be  deemed  to  assent  to 
the  allotment  and  conveyance  of  all  the  lands  of  the  tribe,  as  provided  in  this 
act,  and  to  relinquish  all  his  right,  title  and  interest  to  the  same,  except  ii. 
the  proceeds  of  lands  reserved  from  allotment. 

61.  The  acceptance  of  patents  for  minors  and  incompetents  by  persons 
authorized  to  select  their  allotments  for  them  shall  be  deemed  sufficient  to 
bind  such  minors  and  incompetents  as  to  the  conveyance  of  all  other  lands  of 
the  tribe. 

62.  All  patents,  when  so  executed  and  approved,  shall  be  filed  in  the 
office  of  the  Dawes  Commission,  and  recorded  in  a book  provided  for  the  pur- 
pose, until  such  time  as  Congress  shall  make  other  suitable  provision  for 
record  of  land  titles,  without  expense  to  the  grantee,  and  such  records  sha. 
have  like  effect  as  other  public  records. 

Miscellaneous. 

63.  The  tribal  government  of  the  Cherokee  nation  shall  not  continue 
longer  than  March  4,  1906. 

64.  The  collection  of  all  revenues  of  whatsoever  character  belonging  to 
the  tribe  shall  be  made  by  an  officer  appointed  by  the  Secretary  of  the  Interior, 
under  rules  and  regulations  to  be  prescribed  by  the  said  secretary. 

65.  All  things  necessary  to  carry  into  effect  the  provisions  of  this  act 
not  otherwise  specifically  provided  for,  shall  be  done  under  the  authority  and 
direction  of  the  Secretary  of  the  Interior. 

66.  All  funds  of  the  tribe  and  all  moneys  accruing  under  the  provisions 
of  this  act,  shah  be  paid  out  under  the  direction  of  the  Secretary  of  the  In- 
terior, and  when  required  for  per  capita  payments,  shall  be  paid  directly  to 
each  individual  by  an  appointed  officer  of  the  United  States,  under  the  direc- 
tion of  the  Secretary  of  the  Interior. 

67.  The  Secretary  of  the  Interior  shall  cause  to  be  paid  all  just  indebt- 
edness, of  said  tribe  existing  at  the  date  of  the  ratification  of  this  act,  which 
may  have  lawfully  been  contracted,  and  warrants  therefor  regularly  issued 
upon  the  several  funds  of  the  tribe,  as  also  warrants  drawn  by  authority  of 
law  hereafter,  and  prior  to  the  dissolution  of  the  tribal  government,  which 
payments  to  be  made  from  any  funds  in  the  United  States  treasury  belonging 
to  said  tribe,  and  all  such  indebtedness  of  the  tribe  shall  be  paid  in  full  before 
any  pro  rata  distribution  of  the  funds  of  the  tribe  shall  be  made.  The  Secre- 
tary of  the  Interior  shall  make  such  payments  at  the  earliest  time  practicable 
and  he  shall  make  all  needed  rules  and  regulations  to  carry  this  provision  into 
effect. 

68.  Jurisdiction  is  hereby  conferred  upon  the  Court  of  Claims  to  exam 
ine,  consider  and  adjudicate,  with  a right  of  appeal  to  the  Supreme  Court  of 
the  United  States  by  any  party  In  interest  feeling  aggrieved  at  the  decision  of 
the  court  of  claims,  any  claim  which  the  Cherokee  tribe,  or  any  band  thereof, 
arising  under  treaty  stipulations,  may  have  against  the  United  States,  upon 
which  suit  shall  be  instituted  within  two  years  after  the  approval  of  this  act; 
and  also  to  examine,  consider  and  adjudicate  any  claim  which  the  United 
States  may  have  against  said  tribe  or  any  band  thereof.  The  institution, 
prosecution  or  defense,  as  the  case  may  be,  on  the  part  of  the  tribe,  or  any 
band,  of  any  such  suit,  shall  be  through  attorney  employed  and  to  be  compen- 
sated in  the  manner  prescribed  in  sections  2103  to  2106,  both  inclusive,  of  the 
revised  statutes  of  the  United  ‘States,  the  tribe  acting  through  its  principal 


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BRADLEY’S  MANUAL  OF  STATISTICAL  INFORMATION. 


chief  in  the  employment  of  such  attorneys,  and  the  band  acting  through  a 
committee  recognized  hy  the  Secretary  of  the  Interior.  The  Court  of  Claims 
shall  have  full  authority,  by  proper  orders  and  process,  to  make  parties  to 
any  such  suit  ad  persons  whose  presence  in  the  litigation  it  may  deem  neces- 
sary or  proper  to  the  final  determination  of  the  matter  in  controversy,  and  any 
such  suit  shall,  on  motion  of  either  party,  be  advanced  on  the  docket  of  either 
of  said  courts  and  be  determined  at  the  earliest  practicable  time. 

69.  After  the  expiration  of  nine  months  after  the  date  of  the  original 
selection  of  an  allotment  by  or  for  any  citizen  of  the  Cherokee  tribe,  as  pro- 
vided in  this  act,  no  contest  shall  be  instituted  against  such  selection,  and  as 
early  thereafter  as  practicable  patent  shall  issue  therefor. 

70.  Allotments  may  be  selected,  and  homesteads  designated  for  minors 
by  the  father  or  mother,  if  citizens,  or  by  a guardian  or  curator,  or  the  ad- 
ministrator having  charge  of  their  estate,  in  the  order  named;  and  for  prison- 
ers, convicts,  aged  and  infirm  persons,  and  soldiers  and  sailors  of  the  United 
States  on  duty  outside  of  the  Indian  Territory,  by  duly  appointed  agents,  under 
power  of  attorney;  and  for  incompetents  by  guardians,  curators,  or  other  suit- 
able persons  akin  to  them;  but  it  shall  be  the  duty  of  said  commission  to 
see  that  said  selections  are  made  for  the  best  interests  of  such  parties. 

71.  Any  allottee  taking  as  his  allotment  land  located  around  the  Chero- 
kee National  Male  Seminary,  the  Cherokee  National  Female  Seminary,  or 
Cherokee  Orphan  Asylum,  which  have  not  been  reserved  from  allotment  as 
herein  provided,  and  upon  which  buildings,  fences,  or  other  property  of  the 
Cherokee  nation  are  located,  such  buildings,  fences  or  other  property  shall 
be  appraised  at  the  true  value  thereof  and  be  paid  for  by  the  allottee  taking 
such  lands  as  his  allotment,  and  the  money  to  be  paid  into  the  treasury  of  the 
United  States  to  the  credit  of  the  Cherokee  nation. 

72.  Cherokee  citizens  may  rent  their  allotments  when  selected  for  a term 

not  to  exceed  one  year,  for  grazing  purposes  only,  and  for  a period  not  to 
exceed  five  years  for  agricultural  purposes,  but  without  any  stipulation  or 
obligation  to  "enew  the  same;  but  leases  for  a period  longer  than  one  year 
for  grazing  purposes,  and  for  a period  longer  than  five  years  for  agricultural 
purposes,  and  for  mineral  purposes,  may  also  be  made,  with  the  approval  of 
the  Secretary  of  the  Interior,  and  not  otherwise.  Any  agree- 
ment or  lease  of  any  kind  or  character  violative  of  this 

section  shall  be  absolutely  void  and  not  susceptible  of  rat- 

ification in  any  manner,  and  no  rule  of  estoppel  shall  ever  prevent  the 
assertion  of  its  invalidity.  Cattle  grazed  upon  leased  allotments  shall  not  be 
liable  to  any  tribal  tax,  but  when  cattle  are  introduced  into  the  Cherokee 
nation  and  grazed  on  lands  not  selected  as  allotments  by  citizens,  the  secre- 
tary of  the  Interior  shall  collect  from  the  owners  thereof  a reasonable  graz- 
ing tax  for  the  benefit  of  the  tribe,  and  Section  2117  of  the  Revised  Statutes  of 
the  United  States  shall  not  hereafter  apply  to  the  Cherokee  lands. 

73.  The  provisions  of  section  13  of  the  Act  of  Congress,  approved  June 
28,  1898,  entitled,  “An  act  for  the  protection  of  the  people  of  Indian  Terri- 
tory, and  for  other  purposes,”  shall  not  apply  to  or  in  any  manner  affect  the 
lands  or  other  property  of  said  tribe,  and  no  act  of  Congress  or  treaty  pro- 
vision inconsistent  with  this  agreement  shall  be  in  force  in  said  nation,  ex- 
cept sections  14-  and  27  of  said  last  mentioned  act,  which  shall  continue  in 
force  as  if  this  agreement  had  not  been  made. 

74.  This  act  shall  not  take  effect  or  be  of  any  validity  until  ratified  by 


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a majority  of  the  whole  number  of  votes  cast  by  the  legal  voters  of  the  Cher- 
okee nation  in  the  manner  following: 

75.  The  principal  chief  shall  within  ten  days  after  the  passage  of  this  act, 
make  public  prcclamation  that  the  same  shall  be  voted  upon  at  a special 
election  to  be  held  for  that  purpose  within  thirty  days  thereafter,  on  a certain 
date  therein  named,  and  he  shall  appoint  sucn  officers  and  make  such  other 
provisions  as  may  be  necessary  for  holding  such  election.  The  votes  cast  at 
such  an  election  shall  forthwith  be  duly  certified,  as  required  by  Cherokee 
law,  and  the  votes  shall  be  counted  by  the  Cherokee  National  Council,  if  then 
in  session;  and  if  not  in  session,  the  principal  chief  shall  convene  an  extra- 
ordinary session  for  the  purpose,  in  the  presence  of  a member  of  the  Com- 
mission to  the  Five  Civilized  Tribes,  and  said  member  and  the  principal  chief 
shall  jointly  make  certificate  thereof  and  proclamation  of  the  result,  and 
transmit  the  same  to  the  President  of  the  United  States. 


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101 


Inbtans  Ere  Citfeens  of  Ulruteb  States 


The  fact  that  by  special  Act  of  Congress  members  of  the  Five  Civilized 
Tribes  are  citizens  of  the  United  States  is  not  generally  known. 

On  March  3,  1901,  Congress  (See  page  114,  31  Stat.,  1447)  amended  Section 
6,  Chapter  119,  U.  S.  Stat.,  page  35,  to  read  as  follows  : 

“And  every  Indian  born  within  the  territorial  limits  of  the  United  States, 
who  has  voluntarily  taken  up  within  said' limits,  his  residence  separate  and  apart 
from  any  tribe  of  Indians  therein  and  has  adopted  the  habits  of  civilized  life  and 
EVERY  Indian  in  the  Indian  territory,  is  hereby  declared  to  be  a citizen  of 
the  United  States,  and  is  entitled  to  all  the  rights,  privileges  and  immunities  as 
such  citizen.”  (The  amendment  being  shown  in  capitals.) 

This  acUof  Congress  is  most  important,  as  it  takes  the  Indian  of  the  Five 
Civilized  Tribes  out  of  the  condition  of  wards  of  the  government  and  makes  of 
them  citizens  of  the  government. 

IN  GENERAL. 

The  Indian  Territory  is  in  the  latitude  of  Tennessee,  Northern  Arkansas, 
South  Carolina  and  Southern  and  Midale  California,  and  borders  on  the  states 
of  Kansas,  Missouri,  Arkansas,  Texas  and  Oklahoma  Territory.  The  climate  is 
very  similar  to  that  of  Southern  California  and  failure  in  crops  is  practically 
unknown.  It  is  south  of  the  line  of  the  blizzard  and  the  cold  wave  so  de- 
structive to  stock  and  vegetation.  It  is  north  of  the  hot  winds  of  Texas  which 
frequently  destroy  all  growing  crops.  It  is  east  of  the  drouth  belt  of  the  Pan- 
handle and  New  Mexico  and  west  of  the  flood  basin  of  the  Mississippi  valley. 

In  the  northern  portion  of  the  Territory  in  which  the  Cherokee  nation  is 
located,  the  gas  and  oil  fields  in  the  Bartlesville  district  on  the  west  and  the 
zinc  and  lead  fields  on  the  northeast  are  destined  to  become  as  famous  as  the 
Pennsylvania  oil  and  gas  belt  and  the  Joplin  mineral  fields.  The  central 
part  of  the  Cherokee  nation  is  a magnificent  farming  and  fruit  growing  coun- 
try and  practically  undeveloped. 

The  Creek  nation  has  less  than  ten  per  cent  of  land  not  susceptible  to  a 
high  state,  of  cultivation,  which  will  grow  cotton,  corn,  wheat,  smell  grain  of 
all  kinds  and  vegetables  of  California,  Colorado,  Iowa,  Ohio  and  Georgia. 
The  western  portion  of  the  Creek  nation  is  in  the  oil  and  gas  belt  which  con- 
tinues to  the  east,  following  the  down  trend  of  the  Arkansas  river,  this  belt 
having  been  proven  from  Tulsa  on  the  northwest  to  Muskogee  on  the  east. 

An  abundance  of  coal  is  found  in  the  Creek  Nation,  much  of  it  now  being 
mined,  and  so  plentiful  is  it  in  the  vicinity  of  Muskogee  and  other  towns  that 
in  winter  the  farmers  derive  a handsome  revenue  from  the  sale  of  coal 
mined  from  the  surface  or  along  the  banks  of  streams,  which  they  quarry  as 
they  would  stone. 

In  the  Choctaw  nation  there  is  a vast  timber  belt,  containing  probably 
the  largest  quantity  of  timber  to  be  found  in  any  section  of  the  southern 
states,  pine  predominating,  though  hard  wood  of  all  kinds  is  found. 

The  Seminole  nation  is  a farming  and  grazing  country  and  has  only  a 
slight  part  in  a state  e#  cultivation,  all  of  it  being  a splendid  farming  country. 

In  the  western  past  of  the  Chickasaw  nation  the  largest  deposit  of  ce- 
ment plaster  in$the  United  States  is  being  operated.  In  the  central  portion  of 


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the  Chickasaw  nation  extensive  work  has  been  done  in  the  development  of 
the  asphalt  deposits  from  which  annually  a great  many  car  loads  of  the  mine 
run  and  refined  article  is  shipped  to  the  northern  states.  The  southern  and 
southeastern  portions  of  the  Chickasaw  nation  is  strictly  an  agricultural  coun- 
try and  is  at  this  time  comparatively  well  settled  and  in  a high  state  of 
cultivation.  The  coal  fields  of  the  Choctaw  nation  extend  into  the  eastern 
portion  of  the  Chickasaw  nation  and  will  in  time  be  developed  in  that  section 
of  the  country. 

The  entire  Territory  is  well  watered  by  rivers  and  large  streams  and 
along  all  the  water  courses  hard  wood  timber,  especially  walnut,  ash,  hickory 
and  pecan  is  abundant.  The  hilly  and  rocky  portion  of  the  Territory  is  par- 
ticularly adapted  to  fruit  and  berries  and  grapes  and  all  of  it  will  produce 
abundantly. 

The  principal  towns  in  Indian  Territory  at  this  time  are,  in  the  Cherokee 
nation,  Vinita  and  Bartlesville,  Claremore  and  Tahlequah;  in  the  Creek  na- 
tion, Muskogee,  Okmulgee,  Wagoner,  Tulsa,  Sapulpa,  Checotah,  Eufaula, 
rioldenville,  Weleetka,  Wetumka,  Bristow  and  Fort  Gibson;  in  the  Seminole 
nation,  Wewoka;  in  the  Choctaw  nation,  South  McAlester,  Durant,  Atoka, 
Haileyville,  Hartshorne,  Antlers  and  South  Canadian;  in  the  Chickasaw  nation, 
Ardmore,  Marietta,  Tishomingo,  Ada,  Wynnewood,  Pauls  Valley,  Purcell, 
Chickasha,  Duncan  and  Ryan.  These  towns  i;ange  in  population  from  two  to 
twelve  thousand  and  there  are  probably  two  hundred  other  towns  in  Indian 
Territory  with  a population  in  excess  of  five  hundred. 

The  conclusion  of  the  work  of  the  Commission  to  the  Five  Civilized  Tribes 
appears  to  be  in  sight,  land  offices  having  been  established  at  Tahlequah  for 
the  Cherokee  nation,  Tishomingo  for  the  Chickasaw  nation,  and  Atoka  for 
the  Choctaw  nation,  from  which  places  allotments  are  being  filed  on  rapidly 
py  the  members  of  the  respective  five  tribes.  All  allotments  have  heretofore 
been  made  in  the  Seminole  nation  and  probably  95  per  cent  of  the  Creek 
nation  has  been  allotted  and  deeds  issued  or  are  ready  to  oe  issued. 

PRESENT  GOVERNMENT  OF  THE  FIVE  NATIONS. 

The  Five  Civilized  Tribes  occupying  that  portion  of  the  United  States 
known  as  the  Indian  Territory,  occupy  a most  unique  place  in  the  history  of 
the  United  States  in  so  much  as  they  have  set  up  and  maintained 
five  separate  and  distinct  governments  in  the  heart  of  the 
Union,  independent  of  all  other  powers  on  earth.  Each  tribe  or  nation 
nas  its  constitution  and  laws  with  a full  complement  of  officers  such  as  be- 
long to  the  sovereign  states,  from  governor,  or  principal  chief,  down  to  con- 
stable. These  officers  are  elected  as  are  the  officers  of  any  other  state  and 
since  their  immigration  to  the  Territory  the  five  nations  have  held  intact 
their  governmental  organization  and  dominated  all  their  own  affairs  up  to  the 
time  the  treaties  hereinbefore  printed  changed  their  national  existence.  They 
have  had  their  own  courts  and  each  had  absolute  power  ovet  even  the  life 
or  the  citizens  of  their  respective  nations,  and  were  as  absolute  in  all  func- 
tions of  the  state  government  of  the  nation  as  any  nations  of  the  world  ot 
which  we  have  have  any  account.  Each  nation  is  entirely  independent  of  the 
other  in  its  governmental  organization,  the  relations  sustained  between 
them  being  similar  to  the  relations  sustained  between  the  states  of  the  Union. 

At  this  time  it  is  estimated  that  the  population  of  Indian  Territory  is  in 
excess  of  550,000,  probably  80,000.  of  which  are  Indians  or  intermarried  citi- 
zens in  the  tribes  or  adopted  negro  citizens,  the  remaining  being  white,  a cos- 


BRADLEY’S  MANUAL  OF  STATISTICAL  INFORMATION. 


PLEASANT  PORTER,  CHIEF  OF  THE  CREEK  NATION, 


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BRADLEY’S  MANUAL  OF  STATISTICAL  INFORMATION. 


mopolitan  people,  the  immigrants  from  probably  every  state  in  the  Union 
who  have  come  into  this  country  to  carve  out  a home  for  themselves  and 
their  families. 

The  Territory  is  becoming  a perfect  network  of  railroads,  being  traversed 
by  not  less  than  ten  trans-continental  lines  with  branches  which  operate  i» 
the  most  populous  localities. 

The  immigration  of  the  white  man  to  this  country  has  resulted  in  the 
absorbtion  of  the  Indian  to  such  an  extent  that  Indian  ways  and  customs  are 
practically  a thing  of  the  past  and  a typical  wild  west  scene  is  now  an  un- 
known thing  in  this  counrty  and  would  be  as  much  a curiosity  to  those  living 
nere  as  to  the  veriest  tenderfoot. 

By  the  statute  of  limitations  and  treaty  stipulations,  what  remains  at 
this  time  of  the  government  of  the  five  nations,  will  be  dissolved  on  March  4, 
1906,  and  the  tribal  government  will  cease  to  exist  at  that  time,  on  or  before 
which  date  it  is  expected  that  the  Indian  Territory  will  be  admitted  as  a state 
into  the  Union,  either  with  or  without  the  Territory  of  Oklahoma. 

The  people  ot  Indian  Territory  are  a hospitable,  enterprising,  energetic 
class  of  citizens,  all  of  whom  are  desirous  of  developing  to  the  highest  possi- 
ble state  the  wonderful  resources  of  what  is  said  to  be  “the  garden  plot  of  the 
United  States.” 

Immigrants  and  homeseekers  are  always  welcome  and  to 
any  man  at  any  place  desiring  to  change  his  location 

to  begin  life  anew  and  to  build  up  a home  in  a coun- 

try intended  by  nature  to  be  a land  of  plenty,  the  Indian  Territory  offers 
more  advantages  than  any  unsettled  portion  of  the  Union.  Additional  infor- 
mation in  regard  to  the  country  can  be  secured  by  addressing  the  Secretary 
of  the  Business  Men’s  Association,  Chambers  of  Commerce  or  Boards  of 
Trade  in  any  towns  shown  upon  the  map  in  this  pamphlet. 


